Failure to State Claim

By: Derek Hawkins//April 23, 2018//

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7^th Circuit Court of Appeals

Case Name: Kathy Haywood, et al. v. Massage Envy Franchising, LLC,

Case No.: 17-2402

Officials: BAUER, ROVNER, and SYKES, Circuit Judges

Focus: Failure to State Claim

Kathy Haywood and Lia Holt filed this putative class action alleging that Massage Envy Franchising, LLC (“Massage Envy”), committed unfair and deceptive business practices by advertising and selling one‐hour massages but providing massages that lasted only 50 minutes. They now appeal from the district court’s order granting Massage Envy’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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