OCALA, Fla. (Legal Newsline) - A controversial class action lawyer is accused of taking his shaky theories to new judges after others reject them.
Big Lots says Spencer Sheehan of New York is attempting to relitigate class action claims over its coffee after they were already tossed by a New York federal judge.
"The only difference here: Mr. Sheehan found a new plaintiff (Peggy Durant), and tries his luck with a new venue (Florida)," the company wrote in a Jan. 12 motion to dismiss.
"These superficial alterations to the Devey complaint do not change Judge (David) Larimer's decision in Devey, and they apply with full force here, notwithstanding a new plaintiff and a shopped forum."
Sheehan has a history of angering judges and defendants with his hundreds of theories of consumer deception. This case alleges customers could not make up to 210 suggested strength 6 fl. oz servings from Big Lots' ground coffee, as it claimed on the label.
In 2022, Judge Larimer's tossed similar allegations brought by plaintiff Amy Devey under New York consumer protection laws.
Big Lots says customers like Durant won't get up to 210 servings when they follow the single serving instructions and ignore the other brewing methods on the label.
"In this case, Mr. Sheehan has not only filed a baseless lawsuit, but he has re-filed baseless mislabeling claims that (Larimer) already held were not misleading as a matter of law, and dismissed with prejudice," Big Lots says.