WT Wins: Paul Gaspari and Ryan Abernethy Secure Final Demurrer in Consumer Class-Action Lawsuit
Published: November 15, 2023
On November 8, 2023, Paul Gaspari and Ryan Abernethy secured their third and final demurrer as to all causes of action in a consumer class action that was brought on behalf of all those who purchased services from our client since 2003. The court found that the complaint failed to articulate a cognizable theory of liability that could be brought on a class-wide basis because the alleged injury was too theoretical, the plaintiffs failed to establish a class-wide fiduciary or confidential relationship, and individualized inquiries would dominate the fraud-related class claims. The Court sustained the demurrer without leave to amend.