NEW YORK, N.Y./November 18, 2011 -- A team lead by New York office managing partner Peter J. Pizzi, who specializes in commercial litigation and the defense of class actions, obtained dismissal of a purported consumer class action against clients NetJets Inc. and Marquis Jet Partners, Inc. Assisting Pizzi on the matter were Noel D. Humphreys, counsel to the firm, and litigation associate Jessica L. Palmer.
The Marquis Jet Card entitles holders to flight time on private jet aircraft available from NetJets. The plaintiff, formerly a holder of a Marquis Jet card residing in Las Vegas, Nevada, claimed that marketing associated with the card was deceptive and therefore violated New York’s consumer fraud statutes, General Business Law Sections 349 and 350.
In an opinion issued on November 17, 2011, the Honorable Lewis A. Kaplan, of the United States District Court for the Southern District of New York, held that the plaintiff was unable to rely upon the New York laws invoked in the complaint because no conduct complained about took place in New York and, therefore, the statutes simply were not applicable. The decision is Haberkorn v. Marquis Jet Partners, Inc., Case 1:11-cv-02543-LAK, U.S.D.C., S.D.N.Y. (November 17, 2011).