Waggin' Train, LLC v. Normerica, Inc.

5 Citing cases

  1. Williams v. The Lasik Inst.

    2:20-cv-02402-JPM-tmp (W.D. Tenn. Sep. 29, 2021)   Cited 1 times

    “[I]t is evident from the language of the statute that to establish a TCPA claim, a plaintiff must demonstrate that it actually has suffered damages that are more than conjectural, and that emanate from the defendant's unfair or deceptive actions.” Waggin' Train, LLC v. Normerica, Inc., No. 1:09-cv-01093, 2010 WL 145776, at *4 (W.D. Tenn. Jan. 8, 2010).

  2. Starr v. VSL Pharm., Inc.

    509 F. Supp. 3d 417 (D. Md. 2020)   Cited 8 times
    In Starr, the alleged RICO enterprise consisted of three defendant pharmaceutical companies, two non-party manufacturers of the substance that was the subject of the litigation, and non-party representatives of “the Cavazza family” who had ownership interests in both the defendants and the manufacturers.

    As noted by Defendants, at least Idaho, Kentucky, Tennessee, and New Jersey require an ascertainable loss as an element of a violation of their consumer protection statutes. See Idaho Code Ann. § 48-608 (West 2006) (creating a private right of action for "[a]ny person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by this chapter"); Ky. Rev. Stat. Ann. § 367.220 (West 2015) (same) ; Waggin’ Train, LLC v. Normerica, Inc. , No. 1:09-CV-01093, 2010 WL 145776, at *4 (W.D. Tenn. Jan. 8, 2010) (finding that the plaintiff had failed adequately to plead "ascertainable loss" under the Tennessee Consumer Protection Act); Smajlaj v. Campbell Soup Co. , 782 F. Supp. 2d 84, 97 (D.N.J. 2011) (stating that for a claim under the New Jersey Consumer Fraud Act, a plaintiff must plead "an ascertainable loss"). The concern underlying this requirement is ensuring that the loss be "substantial" and "more than trivial or speculative."

  3. Fleming v. Janssen Pharms., Inc.

    No. 2:15-cv-02799-JPM-dkv (W.D. Tenn. Jun. 6, 2016)   Cited 1 times   1 Legal Analyses
    Dismissing design-defect claim

    The alleged "consumer injury must be more than trivial or speculative." Waggin' Train, LLC v. Normerica, Inc., No. 1:09-cv-01093, 2010 WL 145776, at *4 (W.D. Tenn. Jan. 8, 2010) (quoting Tucker v. Sierra Builders, 180 S.W.3d 109, 117 (Tenn. Ct. App. 2005)). "A TCPA claim must be dismissed where a plaintiff 'seeks to recover for injuries to his person resulting from [a defendant's] alleged violation of the TCPA.'"

  4. Quality Mfg. Sys., Inc. v. R/X Automation Solutions, Inc.

    No. 3:13-cv-00260 (M.D. Tenn. May. 13, 2016)

    The damages must be "more than trivial or speculative." Waggin' Train, LLC v. Normerica, Inc., No. 1:09-CV-01093, 2010 WL 145776, at *4 (W.D. Tenn. Jan. 8, 2010) (emphasis removed) (quoting Tucker, 180 S.W.3d at 117). "A loss is ascertainable if it is measurable, even though the precise amount of the loss is unknown."

  5. Fleming v. Janssen Pharm., Inc.

    186 F. Supp. 3d 826 (W.D. Tenn. 2016)   Cited 17 times   2 Legal Analyses
    Finding design defect claims premised on Defendant's duty to design drug differently prior to FDA approval to be preempted

    The alleged "consumer injury must be more than trivial or speculative." Waggin' Train, LLC v. Normerica, Inc., No. 1:09–cv–01093, 2010 WL 145776, at *4 (W.D.Tenn. Jan. 8, 2010) (quoting Tucker v. Sierra Builders, 180 S.W.3d 109, 117 (Tenn.Ct.App.2005) ). "A TCPA claim must be dismissed where a plaintiff ‘seeks to recover for injuries to his person resulting from [a defendant's] alleged violation of the TCPA.’ " Riddle v. Lowe's Home Ctrs., Inc., 802 F.Supp.2d 900, 909 (M.D.Tenn.2011) (quoting Birdsong v. Eli Lilly & Co., No. 3:10–01182, 2011 WL 1259650, at *3 (M.D.Tenn.