Calfornian Files Class Action Lawsuit Against NJoy/Sottera

[SVÆRIK]

Oh, ha! I was actually referring to the abundance of trigger happy lawyers and oh so willing plaintiffs...ie "McGoverns".
Not too mention the abundance of overbearing politicians. But I digress.







"Stop trying to McGovern my lungs McCalifornia, and leave me the McH3ll alone so I can McVape this delicious McJuice!!"

 

[ckquatt]

A try at narrowing the search, is all.

According to LinkedIn, that particular McGovern is all about marketing, and advertising.

Sent from somebodys phone I found using Tapatalk.

 

[2coils]

I have to agree with Double A on this one. Someone "significant" opposed to the industry is behind this one.

 

[AgentAnia]

I've been cogitatin' about this this afternoon, and judging by the content of the article in Courthouse, which I assume is quoting the court papers as filed, I have to wonder if these personal injury lawyers have done their research on cigarettes or simply taken the plaintiff's text as gospel.

From their website:

Success in personal injury cases can only be assured through skilled legal representation. Bisnar Chase exclusively represents plaintiffs for injuries resulting from car accidents, severe dog bites, motorcycle accidents, product defects, vehicle defect injuries, and other serious or catastrophic injuries. We have the resources, experience, and talent to take on some of the most complex personal injury cases. We cover all of California.

From Courthouse (OP link):

Estimating that tens of thousands of people have purchased njoy cigarettes, McGovern's complaint seeks unspecified actual, compensatory, exemplary and punitive damages.

McGovern alleges violations of the Consumer Legal Remedies Act, unfair competition or deceptive business practices, deceptive, false and misleading advertising, consumer fraud, unjust enrichment, and conversion.

Try as I might, I can't make sense out of this, unless it really is, simply, a nuisance lawsuit. But why would Bisnar Chase take it on? Do they honestly think they have a chance of winning? Has somebody who talks a good game (hmmmm...) pulled the wool over their eyes? They advertise as no-fee/contingency ("If we don't win, you don't pay.") so it wouldn't seem to be for hefty hourly fees no matter if win or lose...

This is intriguing...

 

[AgentAnia]

Just found this report on the lawsuit: California man attempts e-cig lawsuit

It's worth the read, and the snarky illustration...

 

[Katya]

McGovern v. Njoy!

Bring it on!

 

[Katya]

Interesting how many of Slantzz statements in his letter to the WHO are used. Be prepared for other suits from other "persons" that cover the rest of the propaganda.
My guess is, they're trying to bankrupt.

Class action? Hey, I can make some money here! I tried Enjoy e-cig. I don't feel so good...

 

[Jman8]

We need Seth from Superbad to discuss a name like McGovern.

 

[Lessifer]

As a class action lawsuit they're more likely going for a settlement, and I hope Njoy refuses to settle and takes it to trial.

 

[WarHawk-AVG]

I have to agree with Double A on this one. Someone "significant" opposed to the industry is behind this one.

And by "significant" you mean someone with deep pockets

 

[AgentAnia]

As a class action lawsuit they're more likely going for a settlement, and I hope Njoy refuses to settle and takes it to trial.

Can't imagine NJoy would be willing to settle. Would set too dangerous a precedent. I imagine first they'll move for dismissal. And probably most of the "trial" will take place in the media.

I hope "McGovern" is battening down his hatches!!!

 

[Frenchfry1942]

Several years ago, their were many less vapors and minimal legal considerations. CASAA collected information and provided what they could to defend the e-cig user based on facts.

A lot has changed and negative legislation is all around. CASAA needs more help to continue what they do. Please join, donate, and write your congressmen.

If you are not sure how to write a good letter/e-mail, there are previous ones on these forums and also on the CASAA web-site.

Thanks all

 

[2coils]

Njoy I can't believe will settle. I am sure in their mind they haven't done anything wrong. They have their own team of lawyers, ad executives etc... I am sure their ad campaigns were all well thought out and they have done their homework. I don't believe settling would help their cause, though not an admission of guilt, it never looks good.

 

[loxmythe]

Why does California have to claim everything causes cancer. I swear I go into Walmart all products have that dumb label on back saying "this production contains bs that causes bs in the state of California"


Sent from my Just GG using Tapatalk

Maybe living in California causes cancer?

 

[rothenbj]

A lawsuit based on prohibitionist rhetoric, interesting.

 

[oplholik]

Maybe living in California causes cancer?

It causes more than cancer,

 

[AgentAnia]

I have obtained a copy of the Consumer Class Action Complaint filed by McGovern. I'm told it's now a public document and as such I can quote portions of it here. Is anyone interested?

 

[DC2]

I recall ASH/Banzaff(sp?) at one time trying to drum up plaintiffs to begin filing lawsuits. I suspect they are behind this.

Perhaps, except that Banzhole retired a few years ago.

Here is a link to his futile efforts along these same lines prior to his retirement...
http://tobaccoanalysis.blogspot.com/2009/12/action-on-smoking-and-health.html

 

[Jay-dub]

And, the legal extortion of an industry begins! I think we've made it big ya'll!

 

[pamdis]

I have obtained a copy of the Consumer Class Action Complaint filed by McGovern. I'm told it's now a public document and as such I can quote portions of it here. Is anyone interested?

Is it online or did you get a hard copy? Would be very interested in reading it.