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BLOCKBUSTER, INC. v. GALENO

Docket No. 05-8019-cv.

472 F.3d 53 (2006)

BLOCKBUSTER, INC., Defendant-Appellee, v. Michael GALENO, Plaintiff-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 26, 2006.

Attorney(s) appearing for the Case

Ronen Sarraf, New York, N.Y. (Sarraf Gentile LLP, New York, NY; Michael P. Malakoff, Malakoff Doyle & Finberg, P.C., Pittsburgh, PA, of counsel), for Plaintiff-Appellant.

Michael L. Raiff, Dallas, TX (Robert C. Walters, Jennifer B. Poppe, Vinson & Elkins L.L.P., Dallas, TX; Steven Paradise, Vinson & Elkins L.L.P., New York, NY, of counsel), for Defendant-Appellee.

Before CARDAMONE, WALKER, and SOTOMAYOR, Circuit Judges.

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...

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