Legal Opinion
Blockbuster, Inc. v. Michael Galeno, Docket No. 05-8019-Cv
Court of Appeals for the Second Circuit
Decided December 26, 2006No. 53PublishedCited by 231 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge.
On this appeal we consider a class action suit commenced in New York State Supreme Court on February 25, 2005. The action was brought by Michael L. Galeno and other plaintiffs as disgruntled customers of defendant Blockbuster, Inc. (defendant or Blockbuster). They charged in their complaint that defendant’s “No Late Fee” program, begun on January 1, 2005, is a deceptive forced sale scheme, which in their view is worse than a “bait and switch” scheme because a customer who holds a video beyond its due date is charged without notice for a sale of the item. This conduct…
2Cases cited15 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
- Briarpatch Limited, L.P., Gerard F. Rubin v. Phoenix Pictures, Inc., Michael Medavoy, Geisler Roberdeau, Inc., Terence MalickCourt of Appeals for the Second Circuit · 2004
- Susan A. Desiderio v. National Association of Securities Dealers, Inc.Court of Appeals for the Second Circuit · 1999
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3Cited by231 opinions
- Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
- SPV Osus Ltd. v. UBS AGCourt of Appeals for the Second Circuit · 2018
- Platinum-Montaur Life Sciences, LLC v. Navidea Biopharmaceuticals, Inc.Court of Appeals for the Second Circuit · 2019
- Bell v. Hershey Co.Court of Appeals for the Eighth Circuit · 2009
- Leslie Pinciaro Dudley v. Eli Lilly and ComanyCourt of Appeals for the Eleventh Circuit · 2014
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