Clark v. The Prudential Ins. Co. of America, Civ. No. 08-6197; U.S. District Court (DNJ); opinion by Debevoise, S.U.S.D.J.; filed September 9, 2010. DDS No. 23-7-xxxx [62 pp.]
Beverly Clark, Jesse Paul and Marc Litwack filed an amended putative class-action complaint against Prudential Insurance Company of America alleging claims for fraudulent misrepresentation, fraudulent omissions, breach of the duty of good faith and fair dealing, violation of California’s Unfair Competition Law (UCL), Cal. Bus. & Prof. Code § 17200 et seq., and violation of the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 et seq. Prudential moves to dismiss all counts of the third amended complaint (TAC), except for Clark’s claim for breach of the implied covenant of good faith and fair dealing. The motion is directed at plaintiffs’ individual claims as they have not yet moved for class certification.
