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Hollie Harris v PFI Western Stores, Inc. 8:19-cv-02521, California Central District Court

While that plan is on hold for now, such a move would put Shepler’s, which has served the island for more than 65 years, out of business. Kohler’s breach of duty to provide accurate instructions for the installation of its product has caused Shepler and all others similarly situated damages. Kohler breached its duty by providing erroneous measurements and dimensions to rough in the Reve collection of lavatories. Kohler was negligent in publishing inconsistent, contradictory and inaccurate measurements and dimensions for the installation of its Reve collection of lavatories. None of the Kohler authored written information supplied by Kohler for the locations of the drain and water lines permitted the Reve lavatory to be mounted on the wall and connected to the plumbing lines. Shepler was notified by its plumbing subcontractor as to the discrepancy and contacted Kohler at the telephone number provided for technical assistance.

The addition of Sheplers’ industry leading e-commerce platform provides opportunities to create a dual brand online offering, leverage Sheplers’ domestic and international customer traffic, and create operating efficiencies across the combined online businesses. By rebranding the Sheplers stores to the Boot Barn banner, consistent with the strategies of its prior two acquisitions, Boot Barn will enhance its store footprint by adding eight new retail markets and build its position in Texas and Colorado. The businesses are highly complementary, with a similar western lifestyle focus, customer base, and store experience, which will allow Boot Barn to extend key merchandise categories and brands across the chain and access a combined database of more than five million customers. Staples Inc. has agreed to settle a class action lawsuit alleging it under-credited Staples Rewards customers’ accounts by misapplying retail coupons.

However, either you or Sheplers.com may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Sheplers.com, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under cowboy hat and suit law. This type of pro rata coupon accounting resulted in Rewards Points members receiving program credit at rates far below the percentage of the qualifying purchase amount represented, the Staples class action lawsuit alleges. Centre, Inc. v. Burlington Coat Factory Warehouse of Dayton, Inc., a 1995 decision by an Ohio state appellate court, the court considered self-serving extrinsic evidence on whether the parties intended the expense of a new shopping center sign to be chargeable as a CAM cost.

The court concluded that the extrinsic evidence – testimony by the landlord’s and tenant’s witnesses about what the parties intended – did not clarify the parties’ intentions, and therefore the extrinsic evidence did not resolve the issue. Ultimately, the court applied the rule of strict construction against the drafter based on the landlord’s failure to specifically include the signage expense in the lease’s list of chargeable CAM costs. The lawyers and the government would be the ones to prosecute and judge the case, but the sheplers themselves would be the ones who would be held personally responsible. The class action would be the first step in a long process of litigation, which would continue until the company admitted to its problems and paid whatever a court determined to be an appropriate penalty. If this is your first time reading about class action lawsuits, then you may not be aware of them.

Cost savings are expected from consolidation of select corporate functions and efficiencies in e-commerce distribution. If you made purchases from Sheplers.com between May 8, 2015 and January 29, 2021, you may be eligible to receive a voucher for up to $25 off future purchases at any Sheplers e-commerce retail store, including Sheplers.com. Heard that law firms try to keep most of the awards and not notifying claimants.

Except as set forth in the above paragraph regarding the class/representative action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. This Dispute Resolution & Arbitration Agreement survives the termination of your relationship with Sheplers.com, including the end of your participation in any program or service and opt-out of consent for marketing or other agreements with Sheplers.com. Sheplers.com will provide notice of any material changes to this Arbitration Agreement. “By employing this deceptive method of calculating Rewards Points, Staples shorted its Members’ account credit which could have been used towards the purchase of most merchandise in Staples’ stores, online at staples.com, or by phone,” Torczyner alleges in the Staples Rewards class action lawsuit.

Shepler was incorporated under the laws of the State of Indiana and is a corporate citizen of Indiana. To read the memorandum in support of preliminary approval of settlement in Carter v. General Nutrition Centers, Inc., click here. In addition, the fund will cover class counsel fees and expenses up to $1.5 million and service payments of $5,000 for each of the five named plaintiffs. An additional $5 cash payment or $15 voucher is available for class members who made a total of five or more purchases or a purchase in excess of $100 in a single transaction from the website within the class period. Class members—an estimated 3.6 million consumers nationwide who made a purchase through a promotion from GNC’s website dating back to January 1, 2012—can choose a $5 cash payment or a $15 voucher that may be redeemed for merchandise through the site.

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