Originally posted in Law.com – New York Law Journal
Case Summary
The Plaintiffs allege that the defendants engaged in fraud, negligence, and unlawful conduct with respect to the sale and marketing of their hemp-based consumable CBD oil.
One plaintiff, Douglas, contended that the oil product caused his positive drug test, which caused him to lose his job. The court found defendants entitled to summary judgment on plaintiffs’
General Business Law claims, concluding that plaintiffs did not have statutory standing to bring those claims against defendants based on their purchase of the oil. The court also found that plaintiffs’ fraudulent inducement claim was viable as to plaintiff Douglas’s claim for damages resulting from defendants’ misrepresentation that the oil did not contain THC, The court found that defendants are entitled to summary judgment on that claim, concluding that there are issues of fact that should be raised in the context of pretrial motions.
Originally posted in Law.com – New York Law Journal
- Practice Area: Consumer Protection
- Industry: Pharmaceuticals
- Date filed: 2019-04-17
- Court: U.S. District Court for the Western District of New York
- Judge: District Judge Frank Geraci, Jr.
- Case Number: 15-CV-701
Parties
Defendant
Dixie Botanicals
Represented by:
Defendant
Dixie Elixirs and Edibles
Represented by:
Wendy J. Lindstrom, Messner Reeves LLPJean-Claude Mazzola, Mazzola Lindstrom LLPHanoch Sheps, Mazzola Lindstrom LLPJean E. Smith-Gonnell, Messner Reeves LLP
Plaintiff
Cindy Harp-Horn
Represented by:
Jeffrey M. Benjamin, Kupillas Unger & Benjamin LLPFrank T. Housh TERMINATED: 06/26/2017
Plaintiff
Douglas J. Horn
Represented by:
Jeffrey M. Benjamin, Kupillas Unger & Benjamin LLPFrank T. Housh TERMINATED: 06/26/2017
Defendant
Medical Marijuana, Inc.
Represented by:
Daniel Solomon Gvertz, Mura & Storm, PLLCRoy A. Mura, Mura & Storm, PLLCEric T. Boron, Mura & Storm, PLLC TERMINATED: 05/16/2018
Mediator
Michael Menard
Represented by:
Defendant
Red Dice Holdings, LLC. Represented by:Daniel Solomon Gvertz, Mura & Storm, PLLCRoy A. Mura, Mura & Storm, PLLCEric T. Boron, Mura & Storm, PLLC TERMINATED: 05/16/2018
Law.com – New York Law Journal
Parties
Defendant
Dixie Botanicals
Represented by:
Defendant
Dixie Elixirs and Edibles
Represented by:
Wendy J. Lindstrom, Messner Reeves LLPJean-Claude Mazzola, Mazzola Lindstrom LLPHanoch Sheps, Mazzola Lindstrom LLPJean E. Smith-Gonnell, Messner Reeves LLP
Plaintiff
Cindy Harp-Horn
Represented by:
Jeffrey M. Benjamin, Kupillas Unger & Benjamin LLPFrank T. Housh TERMINATED: 06/26/2017
Plaintiff
Douglas J. Horn
Represented by:
Jeffrey M. Benjamin, Kupillas Unger & Benjamin LLPFrank T. Housh TERMINATED: 06/26/2017
Defendant
Medical Marijuana, Inc.
Represented by:
Daniel Solomon Gvertz, Mura & Storm, PLLCRoy A. Mura, Mura & Storm, PLLCEric T. Boron, Mura & Storm, PLLC TERMINATED: 05/16/2018
Mediator
Michael Menard
Represented by:
Defendant
Red Dice Holdings, LLC. Represented by:Daniel Solomon Gvertz, Mura & Storm, PLLCRoy A. Mura, Mura & Storm, PLLCEric T. Boron, Mura & Storm, PLLC TERMINATED: 05/16/2018
Law.com – New York Law Journal
