POPA v. HARRIET CARTER GIFTS, INC.

No. 21-2203.

52 F.4th 121 (2022)

Ashley POPA, individually and on behalf of all others similarly situated, Appellant v. HARRIET CARTER GIFTS, INC., a Pennsylvania corporation; NaviStone, Inc., a Delaware corporation.

United States Court of Appeals, Third Circuit.

Opinion Filed October 18, 2022.


Attorney(s) appearing for the Case

Jamisen A. Etzel , Kelly K. Iverson , Gary F. Lynch (Argued), Elizabeth Pollock-Avery , Lynch Carpenter, 1133 Penn Avenue, 5th Floor, Pittsburgh, PA 15222, Counsel for Appellants.

Sarah A. Ballard , Paul G. Karlsgodt (Argued), Baker & Hostetler, 1801 California Street, Suite 4400, Denver, CO 80202, Carrie H. Dettmer Slye , Baker & Hostetler, 312 Walnut Street, Suite 3200, Cincinnati, OH 45202, Counsel for Appellee Harriet Carter Gifts, Inc.

David W. Bertoni (Argued), Eamonn R. C. Hart , David Swetnam-Burland , Brann & Isaacson, 184 Main Street, 4th Floor, P. O. Box 3070, Lewiston, ME 04240, Devin J. Chwastyk , McNees, Wallace & Nurick, 100 Pine Street, P. O. Box 1166, Harrisburg, PA 17101, Counsel for Appellee NaviStone, Inc.

Before: CHAGARES, Chief Judge, AMBRO, and FUENTES, Circuit Judges


OPINION OF THE COURT

This case began with a quest for pet stairs. Searching for that item, Ashley Popa browsed the website of Harriet Carter Gifts, added a set of stairs to her cart, but then left the website without making a purchase. That might have been the end of it. But she later discovered that, unbeknownst...

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