CONSUMER PRODUCTS CASES
U.S. 4th Circuit, May 14, 2008
Saunders v. Branch Banking and Trust Co. of Virginia, No. 07-1108
In an action alleging violation of defendant-lender's duties as a furnisher of information under the Fair Credit Reporting Act (FCRA), judgment against defendant including a denial of defendant's motions for judgment as a mater of law and for remittitur is affirmed where: 1) a decision by defendant to report a debt to credit reporting agencies without mention of a dispute was in violation of section 1681s-2 of the FCRA; 2) plaintiff was able to demonstrate that defendant knowingly and intentionally withheld information of a valid dispute from credit reporting agencies; 3) there were sufficient facts for a jury to find that plaintiff had an excuse for failing to make payments; and 4) an $80,000 punitive award was not grossly excessive in light of defendant's reprehensible conduct and the fact that a lower award would not have a punitive or deterrent effect.
Read more...
U.S. 2nd Circuit, May 15, 2008
Topps Co., Inc. v. Cadbury Stani S.A.I.C., No. 06-5316
In an action alleging breach of contract and misappropriation of trade secrets involving a chewing gum licensing agreement, summary judgment for defendant is reversed and remanded where: 1) the licensing agreement was ambiguous as to defendant's entitlement to continual usage of trade secrets after the agreement's terminate date; and 2) extrinsic evidence did not weigh overwhelmingly in defendant's favor to permit a resolution of the agreement's ambiguity by summary judgment.
Read more...
