NEW YORK (Legal Newsline) – Briefing is complete on whether a proposed class action lawsuit against the maker of an as-seen-on-TV frying pan will be thrown out of court.
The Cookware Company on June 5 filed a memorandum in further support of its motion to dismiss, which argues plaintiff Elena Lamb chose to file a lawsuit after three unpleasant cooking experiences rather than taking advantage of the warranty offered.
Cookware is the maker of the Blue Diamond Enhanced Ceramic Non-Stick Pan. Lamb says she bought it at Walmart for $20 and used it three times, during each it disappointed.
Cookware’s motion reminds the judge that there was a Limited Lifetime Warranty printed right on the product’s packaging that entitled an unsatisfied customer to free repair or replacement of the pan.
Lamb’s unjust enrichment claim fails because there admittedly was a contract—Cookware’s Limited Lifetime Warranty—that covers the alleged defect here,” the company’s lawyers argue.
“When there is an express contract covering the claim, a plaintiff cannot invoke the equitable remedy of unjust enrichment. Indeed, here Lamb does not even allege that she has no adequate remedy at law. Such pleading failures require dismissal of her unjust enrichment claim.”
The company is represented by Hodgson Russ. Lamb is represented by Glancy Prongay & Murray of New York and Morgan & Morgan Complex Litigation Group of Tampa, Fla.
“Despite Defendant’s representations, however, the Pan fails to live up to its most basic and fundamental purpose – to provide users with a nonstick cooking experience,” the complaint says.
“Plaintiff purchased the Pan, reasonably expecting it would provide for a nonstick cooking experience. Instead, she was immediately confronted with food that stuck to the Pan, The Pan failed to perform as promised, undermining the very purpose for which it was purchased.”