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09-75000 - In re: Vertrue Inc. Marketing and Sales Practices Litigation


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09-75000 - In re: Vertrue Inc. Marketing and Sales Practices Litigation
February 25, 2010
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Memorandum Opinion and Order: Defendants' Motion to Dismiss is GRANTED in PART and DENIED in PART. The following claims are dismissed: all claims for negligent misrepresentation, money had and received, and all claims asserted under state law consumer protection statutes. In addition, all claims for which fraudulent concealment tolling is required, as set forth in Doc. 40, are dismissed. All other claims remain pending. Defendants request to strike the class allegations is DENIED. Judge Patricia A. Gaughan on 2/25/10. (LC,S) re 18
April 16, 2010
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Memorandum Opinion and Order: This Order supersedes the February 25, 2010 Order. Defendants' Motion to Dismiss should be GRANTED in PART and DENIED in PART. The following claims are dismissed: all claims for negligent misrepresentation, money had and received, all claims asserted under state law consumer protection statutes, and all RICO claims. In addition, all claims for which fraudulent concealment tolling is required, as set forth in Doc. 40, are dismissed. All other claims remain pending. Defendants' request to strike the class allegations is DENIED. Judge Patricia A. Gaughan on 4/16/10. (LC,S) re 49