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Tuesday, April 23, 2024

Customer accuses Wal-Mart of negligent misrepresentation

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NEW YORK (Legal Newsline) — A Michigan woman is suing Wal-Mart, alleging breach of implied warranty, fraud and negligent misrepresentation.

Dorothy Monahan filed a class action complaint, individually and on behalf of all others similarly situated, Nov. 8 in U.S. District Court for the Southern District of New York against Wal-Mart Stores, Inc., alleging the defendant made false claims about its product.

According to the complaint, Monahan sustained monetary damages from being misled into purchasing a falsely advertised product. The plaintiff alleges Wal-Mart falsely says a bed linens product contains 100 percent Egyptian cotton when it does not.

"We removed Welspun product labeled 100% Egyptian Cotton nearly two months ago based on information we obtained from Welspun," Wal-Mart said in a statement.

"Since that time we offered our customers who purchased these products in our U.S stores and online a full refund. We plan to vigorously defend the company."

Monohan seeks trial by jury, restitution, damages, statutory and punitive damages, disgorgement, interest, court costs and all further relief the court grants. She is represented by attorneys Leonard Aragon and Jason A. Zweig of Hagens Berman Sobol Shapiro LLP in New York.

U.S. District Court for the Southern District of New York Case number 1:16-cv-08662-UA

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