Toshiba LED Televisions
March 2017: The Ninth Circuit Court of Appeals stayed the appellate proceedings pending the resolution of a related Supreme Court case, Microsoft v. Baker.
October 2016: One of the named plaintiffs filed a Notice of Appeal regarding the class certification decision and dismissal order. (Case No. 16-56488, 9th Cir.)
September 2016: One of the named plaintiffs (Diaz) voluntarily dismissed his claims in order to appeal the certification ruling without continuing to litigate his individual claims. The dismissal was with prejudice.
June 2016: A federal judge denied class certification.
February 2014: A class-action lawsuit was filed against Toshiba for allegedly falsely advertising its televisions as “LED” when, according to plaintiffs, they are really LCD televisions that use light emitting diodes (LEDs) to light a liquid crystal display panel. In other words, according to the complaint, the company’s “LED” labels misleadingly refer to the light source used to light the display panel instead of the display technology itself. (Pierce-Nunes et al. v. Toshiba America Information Systems, Inc., Case No. 14-cv-07242, C. D. CA.).
For more information about other class-action lawsuits regarding the mislabeling of LCD televisions, click here.
When a complaint is dismissed with prejudice, it cannot be refiled.