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Friday, August 23, 2019

Jos. A Bank moves to dismiss California claims from false advertising suit

By Amanda Thomas | May 8, 2018

| By Michael Rivera [CC BY-SA 3.0 (https://creativecommons.org/licenses/by-sa/3.0)], from Wikimedia Commons

GREENBELT, Md. (Legal Newsline) – Jos. A. Bank Clothiers Inc. has filed a motion to dismiss part of a class action lawsuit brought by a class of customers alleging negligent misrepresentation.

On Feb. 6, Jos. A. Bank (JAB) filed a memorandum of law in support of its motion to dismiss a subclass in the lawsuit brought by Olusola Akinmeji of Evanston, Ill., that was later amended to include new California plaintiff Raychel Jackson.

In the memo, JAB argues that “Jackson’s common law fraud, breach of express warranty and unjust enrichment claims fail because she received exactly what she bargained for: she bought one suit and received three suits at the advertised price.”

Judge Peter J. Messitte

The memo goes on to say that “as with plaintiff Akinmeji, common sense dictates that plaintiff Jackson would not have purchased the four suits if she had not examined them sufficiently to satisfy herself that they were collectively worth $995.” 

It also notes that if she wasn’t satisfied with the suits or believed they weren’t worth the amount she paid for them, “she would have returned them to JAB for a refund.” 

Akinmeji originally filed the complaint individually and on behalf of others similarly situated in Prince George’s County Circuit Court in Maryland. Akinmeji alleges the company made false representations to consumers regarding the actual prices of its goods. In May 2017, Jos. A. Bank removed the case to the U.S. District Court for the District of Maryland.

According to the complaint, Akinmeji alleged he was damaged financially from purchasing four suits advertised as being on “sale,” but were actually being sold at regular price. He claims Jos. A. Bank artificially inflated the regular price of its clothes and advertised them as being on “sale” to entice customers into buying.

Akinmeji is seeking a jury trial, economic and compensatory damages, treble damages, court costs and interest plus any further relief the court grants. The plaintiff is also seeking an order to have Jos. A. Bank cease its alleged unlawful actions. 

U.S. District Judge Peter J. Messitte is presiding over the case. Akinmeij is represented by attorneys Beatrice O. Yakubu and Charles J. LaDuca of Ceneo Gilbert & Laduca LLP in Washington, D.C.

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