DTO Law Secures Victory in False Advertising Lawsuit Against HP and Nvidia

DTO Law has secured a decisive appellate win for its client, HP Inc., in a putative nationwide class action alleging false advertising. 

The case, Twardzik v. HP, was originally filed in 2021 in the District of Delaware.  The lead plaintiff asserted claims on behalf of a nationwide class under the Maryland Consumer Protection Act and for fraudulent concealment and unjust enrichment, alleging HP and Nvidia had misrepresented the speed of a graphics card sold in an HP laptop he purchased.  The lower court dismissed the case at the pleading stage without leave to amend.  HP retained DTO to represent it for purposes of the appeal.

On September 7, 2023, the Third Circuit affirmed the dismissal. The court upheld the dismissal of Twardzik’s claims, emphasizing the requirement of demonstrating reliance, which the panel found Twardzik failed to establish.  The court pointed out that the reviews Twardzik claimed to have read actually cautioned that a graphics card’s performance depended on various factors, making it unreasonable to assume that the MX150 would perform uniformly across all laptops. The panel also expressly affirmed the trial court’s dismissal of Twardzik’s amended complaint without leave to amend because he failed to properly move for leave or attach a proposed amended complaint. 

The DTO Law team consisted of partners Megan O’Neill and Alison Donahue Kehner. 

Twardzik v. HP Inc. et al., case number 22-2650, in the U.S. Court of Appeals for the Third Circuit.

For more information, click below to read coverage in Law360. 

3rd Circ. Clears HP, Nvidia From Laptop-Speed False Ad Suit