Civil No. 10-460 (JBS/KMW).

WILLIAM HAYES, on behalf of himself and all others similarly situated, Plaintiff, v. WAL-MART STORES INC. d/b/a SAM'S CLUB, Defendant.

United States District Court, D. New Jersey.

February 20, 2014.

Attorney(s) appearing for the Case

Keven Hal Friedman, Esq. , Victoria Hwang-Murphy, Esq. , Daniel R. Lapinski, Esq. (Argued), WILENTZ GOLDMAN & SPITZER, Woodbridge, NJ, and James C. Shah, Esq. , SHEPHERD, FINKELMAN, MILLER & SHAH, LLP, Collingswood, NJ, Attorneys for Plaintiff William Hayes.

Paul H. Zoubek, Esq. , Charles B. Casper, Esq. , Stacy Alison Fols, Esq. , John Papianou, Esq. (Argued), MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP, Cherry Hill, NJ, Attorneys for Defendant Wal-Mart Stores Inc.


JEROME B. SIMANDLE, Chief District Judge.

I. Introduction

This matter comes before the Court upon a motion for summary judgment by Defendant Wal-Mart Stores, Inc. [Docket Item 66.] Plaintiff filed the instant action arising from Defendant's sale of allegedly valueless extended warranty plans on certain clearance items marked "as-is."

The principal issue presented is whether Plaintiff has sustained harm sufficient for Article III...

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