 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
DEFENDANTS MEMO OF LAW IN SUPPORT OF MOTION TO DISMISS
|
EXTRACTED KEY WORDS
COURT ACTION COMPLAINT ICON DAMAGES JURISDICTION CHANCERY ALLEGES REMEDY RELIEF LAW DEL ADEQUATE MONEY COST SUIT DEFECT TREADMILL LEGAL REMEDY DISMISS MATTER JURISDICTION MEMBERS NEGLIGENCE REPLACING EQUITABLE RELIEF MACHINES DELAWARE ATTORNEYS STATUTE PROPER |
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
MICHAEL F. SIMON, individually and on *
behalf of a class of presons similarly situated *
Plaintiffs Civil Action No.
* 16995 .3
V. c73"7
gf-f
* .-&r
2:
ICON HEALTH & FITNESS, INC., a Delaware rl! :'
._
Corporation * -.
.,, .
f,.", >
".; ; I
-s. "
Defendant * $,:r
s,:i,'
* * * * * * * * * * * ? * c$
DEFENDANT'S MEMORANDUM OF
LAW IN SUPPORT OF MOTION TO DISMISS
Icon Health and Fitness, Inc. ["Icon"] submits this Memorandum of Law in
support of its Motion to Dismiss for lack of subject matter jurisdiction.
STATEMENT OF FACTS
On March 5, 1999, the Plaintiff filed his class action complaint, seeking
certification of a nationwide class of "all persons or entities in the United States who
have purchased defective ProForm Treadmill machines." (Class Action Complaint at 7
1). In this Class Action Complaint, the Plaintiff alleges that Icon violated the
Delaware Consumer Fraud Act 6 Del. C. $9251 l-2527, by selling these treadmills with
an allegedly defective part. (Class Action Complaint at 1 1). Based upon this alleged
defect, the Plaintiff and the members of the putative class allege causes of action
against Icon for: 1) breach of the implied warranty of merchantability, 2) negligence,
and 3) negligent misrepresentation. (Class Action Complaint at yy 25-33). As a result
SNIPPETS:
|
|
|
| | | |
|
|
