Lenovo Wins Pleading-Stage Dismissal of Four Consumer Fraud Class Actions

In Lucero v. Lenovo (United States) Inc., No. 23 Civ. 973 (C.D. Cal.), Volinksy v. Lenovo, No. 23 Civ. 250 (M.D. Fla.), Dinwiddie v. Lenovo, No. 22 Civ. 218 (W.D. Mich.), and Harmon v. Lenovo, No. 23 Civ. 1643 (S.D. Ill.), Faegre Drinker successfully represented a leading computer manufacturer in winning pleading-stage dismissal of four consumer fraud class actions brought by the same plaintiffs’ attorney. The plaintiffs in all four cases, which involved different products, claimed that certain language in marketing statements amounted to much broader performance promises. All four courts disagreed, holding that no reasonable consumer would construe the marketing snippets as the plaintiffs did. The courts dismissed the plaintiffs’ breach of warranty claims for the same reasons and also because the plaintiffs did not provide Lenovo with pre-suit notice, as required by state laws.

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