Arnold & Porter Secures Dismissal with Prejudice of Putative Nationwide Class Action Against Joybird

Arnold & Porter secured dismissal with prejudice at the motion-to-dismiss stage of a putative nationwide class action against Joybird, a direct-to-consumer furniture brand. The plaintiffs alleged that Joybird used deceptive “perpetual discount” pricing by advertising markdowns from reference prices that were rarely, if ever, the actual selling prices.

Joybird successfully argued that plaintiffs could not invoke the Terms of Use to bring a California-law claim. And because none of the proposed class members had made purchases in California, the court concluded that their claims based on California law failed as a matter of law and could not be cured through amendment.

The Arnold & Porter team was led by Alex Beroukhim, partner and co-chair of the Consumer Products & Retail Industry Group, and associates Owen Connolly and Nina Leviten.