Publish America officially files declaration in class action lawsuit

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

DARLA YOOS, et al. )

Plaintiff )

v. ) Case No. 12-cv-1696

PUBLISH AMERICA, LLLP )

Defendant )

_______________

MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS AND TO

STRIKE

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.

Related articles

• Class A lawsuit filed against Publish America (bazaardaily.com)
• N.D. Illinois Shuts Down Plaintiff Expert Shell Game (druganddevicelaw.blogspot.com)
• Dimitri Lascaris on the “travesty” of dismissing the CIBC class action lawsuit (business.financialpost.com)
• 3 south Ga. judges ask court to dismiss lawsuit (news4jax.com)
• Court Dismisses Fraud Lawsuit Against Second Law School: ABA Placement Data Are ‘So Vague and Incomplete as to be Meaningless and Could Not Reasonably be Relied Upon’ (taxprof.typepad.com)
• A Plaintiffs’ Bar Welcome for Facebook to the Public Company Market (forbes.com)