![]() For example, putative class members who bought NLTs from might have seen some of these claims, which appeared on Nest's website at various times during the class period: As a result, where you buy your NLT affects what promotional claims you see. NLTs are sold through several different retail channels, and retailers use a wide variety of marketing claims to sell them. The first generation of NLTs hit the market in October 2011, and the second generation came out in October 2012. The NLT is a Wi-Fi-enabled thermostat that logs user behavior and preferences, and uses that data to control basic heating and cooling operations in the home. ![]() The Court does not consider whether Darisse is entitled to leave to amend, because he raises it only in a footnote in his reply brief. But because Darisse has not satisfied Rule 23(a)'s commonality, typicality, and adequacy requirements, or Rule 23(b)(3)'s predominance requirement, his motion is DENIED. ("Nest"), alleging that the NLT did not perform as advertised, and moves to certify a nationwide class of similarly disappointed consumers. ![]() ![]() To that end, Plaintiff Justin Darisse purchased a Nest Learning Thermostat ("NLT"), hoping that it would save him energy and money in addition to keeping him comfortable. BETH LABSON FREEMAN United States District Judge ORDER DENYING PLAINTIFF'S MOTION FOR CLASS CERTIFICATIONÄuring the dog days of summer and the deep chills of winter, people turn to thermostats to keep their homes at a livable temperature. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |