ITV DIRECT, INC., Plaintiff,
v.
HEALTHY SOLUTIONS, LLC et al., Defendants.
Cappseals, Inc., Plaintiff-in-Intervention,
v.
Healthy Solutions, LLC, d/b/a Direct Business Concepts; ITV Direct, Inc.; and Direct Fulfillment, LLC, Intervenor-Defendants.
United States District Court, D. Massachusetts.https://leagle.com/images/logo.png
July 20, 2005.
July 20, 2005.
Attorney(s) appearing for the Case
Peter S. Brooks, Seyfarth Shaw, LLP, Boston, MA, for ITV Direct, Inc., Direct Fulfillment, LLC, ITV Direct, Inc., Intervenor Defendants.
Becky V. Christensen, O'Connor Christensen & McLaughlin LLP, Irvine, CA, for Health Solutions, Inc., Healthy Solutions, L.L.C., Alejandro Guerrero, Greg Geremesz, Michael Howell, Defendants.
Susan W. Gelwick, Seyfarth Shaw, LLP, Boston, MA, for Direct Fulfillment, LLC, ITV Direct, Inc., Counter Defendants.
Dustin F. Hecker, Posternak, Blankstein & Lund, Prudential Tower, Boston, MA, for Health Solutions, Inc., Healthy Solutions, LLC, Alejandro Guerrero, Greg Geremesz, Michael Howell, Defendants.
Daniel J. Kelly, Gadsby & Hannah LLP, Boston, MA, for Cappseals, Inc., Intervenor Plaintiff.
Christopher C. Larkin, Seyfarth Shaw, Los Angeles, CA, for ITV Direct, Inc., Consolidated Defendant.
William E. Levin, Levin & Hawes, Laguna Beach, CA, for Health Solutions, Inc., Healthy Solutions, LLC, Alejandro Guerrero, Consolidated Plaintiffs.
Craig McLaughlin, O'Connor Christensen & McLaughlin LLP, Irvine, CA, for Health Solutions, Inc., Healthy Solutions, LLC, Alejandro Guerrero, Greg Geremesz, Michael Howell, Defendants.
Christian H. Pedersen, Metaxas Norman, & Pidgeon LLP, Beverly, MA, Katherine E. Perrelli, Seyfarth Shaw, Christopher F. Robertson, Seyfarth Shaw, LLP, Boston, MA, for ITV Direct, Inc., Plaintiff.
Scott A. Silverman, Gadsby & Hannah LLP, Boston, MA, for Cappseals, Inc., Intervenor Plaintiff.
John Andrew Singer, Federal Trade Commission, Washington, DC, for Federal Trade Commission, Objector.
United States District Court, D. Massachusetts.
MEMORANDUM
TAURO, District Judge.
Between December 2003 and February 2004, Plaintiff ITV Direct, Inc. ("ITV") received six shipments of a health supplement called "Supreme Greens" (hereinafter "goods") from Defendant Healthy Solutions, LLC.1 ITV accepted the goods, never claimed non-conformity, and never suggested that Healthy Solutions acted improperly in any way regarding...
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