Hey, 'Short Gunslinger', better read this, it's pretty much all over for the Class Action...
The Longs can and will thank Ole Markit with an I.
A partial reprint:
"Practice Hard to Prove"
To succeed, Zevin would have to prove that J.C. Penney made up the list price, which could be tough. In 2013 U.S. District Judge Dennis M. Cavanaugh threw out a similar suit, James Waldron et al. v. Jos. A. Bank Clothiers Inc., case number 12-cv-02060, that alleged Joseph A. Bank Clothiers Inc. engaged in deceptive advertising by offering perpetual discounts and never actually charging a "purported regular price."
"Plaintiffs have similarly not provided any calculations for this court to evaluate demonstrating a markup of price or what the average 'regular' price to be paid for the merchandise in question was," Cavanaugh wrote in his opinion on Waldron.
That makes it highly unlikely the suit could succeed, but its existence should give retail investors pause. Some
of the pricing practices that struggling retailers like Penney's rely upon are on very shaky ground. If Spann holds up, it could force a number of retailers to change their pricing strategies and business models".
For the whole article Google "J.C. Penney Pricing Lawsuit Could Be Big Trouble For Discounters"
Note: "Nobody could find evidence that J.C. Penney had ever actually sold the item for the original price"
In Spann v. J.C. Penney Corp et al, U.S. District Court, Central District of California, No. 12-00215, attorneys allege that JCPenney literally made up "original prices" in order to offer attractive discounts. The specific claim is that the ailing department store chain claimed that blouses that sold for $17.99 a piece had originally sold for $30 apiece, Reuters reported. The problem is that nobody could find any evidence that J.C. Penney had ever actually sold the item for the original price.
And don't forget y'all out there, vote!
Markitvalue cannot vote, so it's up to you.
"stoolie, company plant, irrelevant retired guy, company shill".......
"Sticks and Stones"........You, You, You, Gunslinging Short, You!.
"back it up"
Hmmmm sounds like a dump truck command.
Just a minute there gunslinger, why did you say lawyers selected only the State Of California, to hear this case, JCP doing business in 49 other states offer the very same promotions during the time span 11/5/2010 to 1/31/2012? The other states have no lawyers working there?
One State, California is hearing the suit. The reason they are the only State out of 50 entertaining the suit is:
A) It's being tested there, and will be no big deal, either way....Green thumb.
B) The case will give JCP 'a heart attack, huge punitive award', other states will follow... Red thumb.
"class action being decertified"
JCP will be in there fighting hard. Why, because 49 States might take up the
same cause. Excluding Texas of course, the chances of that State suing would be the same odds as Mr. Spann running in the Belmont Stakes...lol.
JCP stores are in the other 49 States, are they not?
The "year after, year loses" you are referring too, are decreasing are they not?
Leveled off in the mid $8 range, waiting for JCP to advance..
These boards are designed with entertainment in mind, I try my best to adhere to that belief. However, every now and then pointing to a reference sheds some light on what's going on...
This Class action case in California is to be tested, and that's why you don't see it anywhere else.
I think it begins and ends there...You?
I know, you won't comment on that either. Maybe I'll put it up for a vote?
"Be back later Mr Market, CCW license class finishes today"
Did you pass? You aren't going to shoot anyone at JCP are you?
Defense: Your Honor, excuse the inappropriate outburst from the prosecution. Oftentimes he assumes the identities of others to further his agenda.
Defense: At this time, Defense calls Ms. Spann to the stand.
Defense: Ms. Spann isn't it true you brought a class action suit to the State Of California, sometime ago, alleging that you were lied too, when you purchased a product called Cobra?
Spann...No, that was my husband, I encouraged him to buy it..
Defense: Let the record show she is referring to a product named 'Cobra', advertised as a 'powerful men's formula containing yobimbe and #$%$ goat weed'.
Defense: Also let the record indicate that her husband could not be here due to illness.
Defense: So was the case certified here in California, Ms. Spann?
Spann: Yes, here in California, some years ago. I believe it was certified as a class action by U.S. Judge Audrey Collins, in 2012 or 2013.
Defense: And recently Feb 2015, was this same suit de-classified in California's Second District Court Of Appeals by District Judge Andre Birotte?
Spann: I don't know, you'll have to ask my husband, but he thinks he's a horse now, and he's going to run in the Belmont Stakes, this Saturday.
Defense: You have our deepest sympathies, Ms. Spann. The Cobra class action record will so indicate that de-certification was based on Judge Birotte's finding that the plaintiff had failed to provide a reliable way to measure damages for the class, in particular to come up an average price to calculate refunds.
We believe that the purchase prices of the blouses will bear out the same scenario as that of the Cobra case, and failure of the prosecution to provide that information, and therefore move that this case be de-certified.
Judge: The prosecution has indeed failed to provide this critical information, the court declares this case decertified
We never realized they came in that huge, humongous size!
Have you ever heard the phrase “buyer beware”? In today’s marketplace, that phrase applies now more than ever. The law, however, provides consumers with certain basic protections against fraudulent, deceptive, and misleading conduct by businesses.
Every state in the country, including California, has one or more laws that prohibit businesses from engaging in unfair or deceptive acts and practices. In addition, several laws at the federal level, such as the Truth in Lending Act (“TILA”), Real Estate Settlement Procedures Act (“RESPA”) Fair Credit Reporting Act (“FCRA”), Fair Credit Billing Act (“FCBA”), Fair Debt Collection Practices Act (“FDCPA”), and Credit Card Accountability Responsibility and Disclosure Act (“CARD Act”), to name a few, provide additional protections to consumers.
Today, consumers can fight back against fraudulent business practices by starting or joining a class action. We Trial lawyers insist on C.A's wink, wink.
Click here to view a list of Fred Shyster's pending consumer class action lawsuits.
Consumer Law Attorney. If we don't win, there's still a charge. Hey, we gotta eat too!
Please bring a copy of your paid receipt for the 3 blouses you purchased, including the cusip numbers, (must be dated between 11/5/2010 to 1/31/2012). The Judge handling the case is a close friend of the current CEO, who was not the CEO during this time, and wouldn't want to offend him in any way.
You must demonstrate to the court, that the 3 blouses you purchased, (man are they big), were purchased for $17.99 each, and the 30% off as advertised, is bogus. If you still believe that you have been tricked into a purchase, treated unfairly as a customer, or deceived about your contract, bill, or loan or credit terms, our law firm may be able to help.
Wow, the more we study your complaint, the more we are astounded that the 3 blouses come in that size!
"Actually I won't explain anything"
Well shut my mouth, who would have expected that?..snicker snicker....
typical duck the real issue, if you can't face the truth why not just move on?...
I could see it all so clear...a look forward to the U.S. District Court in California, some years from now...Judge Fernando Olquin presiding.
The Prosecutor, "we call Cynthia Spann to the stand".
State your name please, Cynthia, Cynthia Spann
You reside in California?
Yes, I do.
Did you purchase 3 blouses from J.C. Penney between November 5, 2010 to January 31St, 2012?
Yes I did.
What did you pay for each blouse?
I paid 17.99 each, plus tax, they were marked 30% off original prices.
Do you believe the blouses ever were marked for more than what you paid, 17.99 each?
No, they always sold for that price.
Do you have a paid receipt for the blouses, Ms Spann?
So you feel you were cheated, is that right Ms. Spann?
Yes I do.
Why didn't you return the blouses Ms. Spann?
I was going to buy them in Macy's, but they're way too expensive in that store.
So you kept the the JCP blouses and paid what they always sold for, is that right?
Well, yes I I I guess so.
But you feel you are due some kind of cash settlement.
Yes, Yes...Tngenbs said I could receive Millions of dollars, because this is a class action suit, and I was severely injured, he said JCP will have 'a heart attack', I didn't get that part.
Who is tngenbs?
He says he's smarter than everyone on the planet, and knows everything about these kind of cases.
How would you explain your suffering Ms. Spann?
I haven't been able to sleep since, I walk around in my bra, can't wear any blouses,
No interest in sex, my neck, back, arms and legs all hurt now.....I need to be reimbursed for my pain and suffering.
Tngenbs said I could get millions.
Thank you Ms Spann.
The prosecution rests..
Entertainment over, I have to get back to my lawn.
"we bought Apple"
Did your firm buy AAPL that became a 750 billion dollar company because Tamminga Neely's firm Piper Jaffray, recommended it? Some recommendation!
Will now explain, or attempt to explain, why punitive damages were disallowed in the case of Macy's vs JCP.
I already did, but cement head here, refuses to face the facts.
He thinks punitive damage awards like those in the auto industry where there's loss of life, is the same as purchasing a blouse for $17.99 and deserves 'heart attack' settlements..
"Feb 26, 2015 - A court revived most of Macy's lawsuit accusing J. C. Penney of ... The decision by the Appellate Division in Manhattan restored two claims by ... J. C. Penney was valid, but that Macy's did not deserve punitive damages".
Take it away Hannah, I mean Tnge.
" able to pick a winner"
Odd I never saw you make a call before the event and prove you know what you are doing.
I gave you an example of making a call before the event and it resulted in a gain of over $30,000.00 some time ago..Where is yours? Ohh I know you don't make those kinds of calls either.
You are as dumb as you look!....
You mean like the punitive damages that the judge disallowed in the Macy's, JCP suit?
You're not listening...In order to be awarded any significant settlement you must prove you sustained a loss.
In the case of Macy's vs JCP, proving Macy lost sales to JCP and fixing a dollar amount was impossible to prove, and that's why punitive damages were disallowed.
"Judge Revives Macy's Suit Against J.C. Penney -
Feb 26, 2015 - A court revived most of Macy's lawsuit accusing J. C. Penney of ... The decision by the Appellate Division in Manhattan restored two claims by ... J. C. Penney was valid, but that Macy's did not deserve punitive damages".
"JC Penney declined to comment, except to say it was pleased that punitive damages were not warranted."
Will play out the same here with the California $17.99 blouse purchase
Eyeglasses on sale at JCP this week, 50% off, with an additional 25% off.
You obviously don't know what you are talking about!
Serious as a heart attack, yup.
Sorry, the correct answer is "nope". You have to demonstrate a loss.
Someone buys a blouse for 17.99 and claims the 30% off is wrong, it was always 17.99 has not incurred any loss.
Be leaving soon so may have to get back...Where I'm going with this, is in order to win any substantial award the class suing must demonstrate a proven actual loss. Don't see that here.
If you want to discus class actions, do you really believe the latest one should be taken seriously?
"doubt I'll get a unsarcastic answer, but lets see"...
"Stroke also got the short term memory"?? Yep, I was right.
Now why not just say, "no buy"?
" In equities, past does not equal future". "APPL was near BK not too long ago. I remember".
Using that valuable experience, and knowing the past mistakes that Johnson made with JCP, would you at least concede that JCP near BK may very well turn out to be a big winner?
First person to email me the correct answer wins a "Greggy free" Yahoo MB"
Shucks NO prize! The ole bait and switch game.
But a question, doubt I'll get a unsarcastic answer, but lets see...Would you buy here, or wait till a buy at the closing P.P.S.
No buy is an acceptable answer.
Anyone else is invited, only serious answers need reply. $8.55 last.