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International retailer obtains complete dismissal of putative class action before state Supreme Court

July 2014

Client(s) Fortune 500 company

Jones Day represented an international retailer in a putative class action brought by third party administrators of health and welfare plans. The trial court dismissed the lawsuit with prejudice for failure to state a claim, but the court of appeals, in a divided ruling, reversed. The state Supreme Court agreed to review the case and unanimously reversed the court of appeals, reinstating the trial court's dismissal. Siding with Jones Day's client, the Supreme Court concluded that the complaint failed to allege any duty to disclose the allegedly omitted information and thus failed to bring the lawsuit within the scope of the state Consumer Fraud Act. As a result of the Supreme Court's decision, the lawsuit is dismissed with prejudice.

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