Orloff Lowenbach Stifelman & Siegel P.A.

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OLSS Obtains Dismissal of Class Action Against Nestlé Waters North America Inc.

ROSELAND, NJ (February 27, 2013) -- Orloff, Lowenbach, Stifelman & Siegel, P.A. partner Jeffrey Garrod recently obtained an order of dismissal of a class action alleging damages in excess of $50 million against Nestlé Waters North America Inc.  Allegations in the class action centered on unfounded claims that the plaintiff paid late fees that exceeded the reasonable amount of costs and projected losses associated with the outstanding balance and were therefore illegal. 

Mr. Garrod moved to dismiss the complaint on several grounds, pointing out that among the many defects in the complaint, the plaintiff failed to present any evidence or allegations that the late fees were disproportionate and constituted penalties.  Instead, the plaintiff simply asserted that because the late fee was a flat amount, consistently applied regardless of the amount owed, it was a penalty, without any support for the conclusion. 

The District Court found the plaintiff’s allegations lacking and granted the motion. 

Obtaining the dismissal was just the most recent positive class action defense outcome obtained by the firm, and Mr. Garrod in particular.  Results in class action lawsuits obtained by the firm in recent years include dismissals, denials of class certification, summary judgment effectively disposing of class claims, and favorable settlements (resulting in one instance in payment by plaintiff’s counsel to the firm's client as a condition of dismissal). 

Joining Mr. Garrod in defending the matter were OLSS partner Craig Ollenschleger, and associates Matt Aslanian and Alissa Pyrich.