SAN JOSE, Calif. (Legal Newsline) – A Russian mobile phone operator alleges Palo Alto, California corporation misrepresented its abilities to rebuild parts of a wireless network.
MegaFon PJSC filed a complaint on Oct. 23 in the U.S. District Court for the Northern District of California against Hewlett Packard Enterprise Co. alleging fraudulent inducement and negligent misrepresentation.
According to the complaint, the plaintiff sought to upgrade its phone network in 2011 and awarded the request for information to the defendant in 2012 to rebuild elements of its wireless network.
The plaintiff alleges the defendant was unable to build the system as represented and required and that the defendant had never built a system of similar scope and complexity. The plaintiff alleges the system has failed numerous times and as a result, it has suffered economic and reputational damages.
The plaintiff holds Hewlett Packard Enterprise Co. responsible because the defendant allegedly misrepresented it could deliver a new system with a performance reliability of 99.999 percent.
The plaintiff requests a trial by jury and seeks judgment against the defendant for compensatory and punitive damages in an amount to be proven at trial, restitution, pre- and post-judgment interest, and other relief which the court may deem just and proper. It is represented by David S. Bloch and W. Gordon Dobie of Winston and Strawn LLP in Chicago.
U.S. District Court for the Northern District of California case number 5:18-cv-06463