Publish America officially files declaration in class action lawsuit
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
DARLA YOOS, et al. )
v. ) Case No. 12-cv-1696
PUBLISH AMERICA, LLLP )
MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS AND TO
Pursuant to Fed. R. Civ. Proc. 12, Defendant Publish America, LLLP (“PA”), moves to
dismiss the complaint for failure to state a claim and to strike immaterial allegations therein.
The Court should dismiss the claims brought by Plaintiffs under the Maryland Consumer Protection Act (“CPA”) because Plaintiffs are not consumers; they have entered into a commercial enterprise with PA pursuant to which they split the proceeds from sales of their literary work made by PA. This profit sharing relationship is not a relationship that is protected by the (“CPA”). Plaintiffs’ declaratory judgment count should also be dismissed since the underlying CPA claim is defective. Furthermore, Plaintiffs are not entitled to quasi-contract remedies for unjust enrichment because their claims arise from contractual relationships with PA. For these reasons and others, as more fully explained below, this case should be dismissed.
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