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NICOSIA v. AMAZON.COM, INC.

14-CV-4513 (ILG) (LB).

384 F.Supp.3d 254 (2019)

Dean NICOSIA, on behalf of himself and all others similarly situated, Plaintiff, v. AMAZON.COM, INC., Defendant.

United States District Court, E.D. New York.

Signed June 14, 2019.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Fed. Question
Nature of Suit: 890 Other Statutory Actions
Source: PACER

Attorney(s) appearing for the Case

Gregory S. Duncan , Pro Hac Vice, Office of Gregory S. Duncan, Charlottesville, VA, Joseph S. Tusa , Tusa, P.C., Southhold, NY, Peter D. St. Phillip, Jr. , Scott Vincent Papp , Lowey Dannenbery P.C., White Plains, NY, Paula M. Roach , Pro Hac Vice, Timothy G. Blood , Pro Hac Vice, Blood Hurst & O'Reardon LLP, San Diego, CA, for Plaintiff.

David Abraham Snider , Kevin T. Rover , Regina Schaffer-Goldman , Morgan Lewis & Bockius LLP, New York, NY, Ezra D. Church , Gregory T. Parks , Pro Hac Vice, Jacqueline Gorbey , Pro Hac Vice, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Defendant.

MEMORANDUM AND ORDER

On January 30, 2013 and April 19, 2013, Plaintiff Dean Nicosia went on Amazon.com and placed orders of 1 Day Diet, a product marketed as a weight-loss supplement, which contained the harmful compound sibutramine. The account from which these purchases were made was held...

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