Legal Opinion
Benjamin Berger v. Home Depot U.S.A., Inc.
Court of Appeals for the Ninth Circuit
Decided February 3, 2014No. 11-55592PublishedCited by 84 opinions
1Opinion of the Court
OPINION
GOULD, Circuit Judge:
Benjamin Berger appeals from the stipulated dismissal with prejudice of his putative class-action claims against Home Depot. He alleges that Home Depot automatically imposed a ten percent surcharge for a damage waiver on tool rentals in its California stores, and although that fee was to be optional, Home Depot’s failure to inform customers of their ability to decline the surcharge was a violation of California’s Unfair Competition Law, the California Consumer Legal Remedies Act, and common-law theories of unjust enrichment and money had and received. Cal. Bus. &…
2Cases cited28 opinions
- Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- Doe I v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2009
- Hanlon v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 1998
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
23 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Microsoft Corp. v. BakerSupreme Court of the United States · 2017
- Robert Briseno v. Conagra Foods, Inc.Court of Appeals for the Ninth Circuit · 2017
- Bacilio Ruiz Torres v. Mercer Canyons Inc.Court of Appeals for the Ninth Circuit · 2016
- Jack Jimenez v. Allstate Insurance CompanyCourt of Appeals for the Ninth Circuit · 2014
- Pulaski & Middleman, LLC v. Google, Inc.Court of Appeals for the Ninth Circuit · 2015
79 more not listed; retrieve them via the Exa API.