DTO Law Successfully Defends HP Inc. Against Nationwide Class Action

DTO secured a major victory for client HP Inc. in a putative class action when a court ruled that the plaintiff could not represent a nationwide class. The plaintiff in Barnert v. HP Inc., 21-cv-05199 (N.D. Cal.), New York resident Radek Barnert, had filed suit against HP for breach of contract based on the implied covenant of good faith and fair dealing, violation of New York General Business Law, and violation of the consumer protection statutes of 50 states and the District of Columbia. His allegations centered around HP’s subscription-based program “Instant Ink.”

DTO argued HP’s choice-of-law provision, which specifies that the law of each consumer’s home state applies to their claims, applied to Barnert’s claims. DTO further argued that, as a New York resident who bought his printer in New York, Barnert lacked standing to seek claims under the laws of 50 other jurisdictions on behalf of consumers residing in other states. U.S. Magistrate Judge Susan van Keulen adopted DTO’s argument, holding that Barnert lacked Article III standing. Barnert’s breach of contract and consumer protection claims were dismissed for all states other than New York, meaning Barnert may represent only a New York class as to his claims. The DTO team was led by Partner Megan O’Neill and consisted of Partner William Delgado and Associates Prachi Mehta and David Ramirez-Galvez.

More information can be found in coverage published by the Los Angeles and San Francisco Daily Journal (subscription required).