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ASP v. TOSHIBA AMERICA CONSUMER PRODUCTS, LLC

Case No. 2:08-cv-427.

616 F.Supp.2d 721 (2008)

Jason ASP, on behalf of himself and all others similarly situated, Plaintiff, v. TOSHIBA AMERICA CONSUMER PRODUCTS, LLC, Defendant.

United States District Court, S.D. Ohio, Eastern Division.

December 31, 2008.

Attorney(s) appearing for the Case

David P. Meyer, Marnie C. Lambert, Matthew R. Wilson, David P. Meyer & Assoc., Co., LPA, Columbus, OH, Barbara Quinn Smith, Maddox Hargett & Caruso, PC, Mentor, OH, for Plaintiff.

Robert Neal Webner, Jonathan P. Corwin, Vorys Sater Seymour and Pease LLP, Columbus, OH, Eric S. Volkman, Peter L. Winik, Latham & Watkins LLP, Washington, DC, for Defendant.

MEMORANDUM OPINION & ORDER

JOHN D. HOLSCHUH, District Judge.

Plaintiff Jason Asp filed this class action against Defendant Toshiba America Consumer Products, LLC ("Toshiba") alleging claims for: (1) breach of express warranty; (2) breach of the implied warranty of merchantability; (3) violations of the New Jersey Consumer Fraud Act ("NJCFA"); and (4) unjust enrichment. Plaintiff also seeks declaratory and injunctive relief. The claims arise from...

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