https://www.google.com/amp/variety....-bond-dvd-box-set-mgm-lawsuit-1202515941/amp/
In a victory for James Bond completists, a federal judge has refused to dismiss a proposed class action suit alleging that MGM and 20th Century Fox deceptively marketed a James Bond box set.
Mary L. Johnson, of Pierce County, Wash., purchased one of the box sets from Amazon in February of 2016 for $106.44, only to discover that Casino Royale (1967) and Never Say Never Again (1983) were not included. She filed a lawsuit in April, accusing MGM and 20th Century Fox Home Entertainment of violating Washingtons Consumer Protection Act and breach of express warranties.
Judge Ricardo S. Martinez issued a ruling on Thursday dismissing parts of the complaint, but allowing the substance of the allegations to move forward. Martinezs ruling hinges on the claim that the box set included all of the James Bond films.
The defendants claim that the word is open to some interpretation, and qualifies as advertising puffery which is not subject to litigation. Johnsons legal team from the firms Eisenhower Carlson PLLC, of Tacoma, Wash., and Statman Harris & Eyrich LLC, of Cincinnati, Ohio countered that there is nothing vague or subjective about the word all.
No reasonable person, unless a James Bond expert, would understand that all does not mean all, and every means only certain films, the lawyers wrote.
In his opinion, Martinez declined to dismiss the claim at this stage, and said a jury would have to decide whether the term was misleading.
A jury must determine whether a reasonable person would expect Casino Royale and Never Say Never Again to be included in a complete set of James Bond films, Martinez wrote. From the Defendants perspective, this claim will have to Die Another Day.'
The judge granted a motion to dismiss parent companies MGM Holdings and 21st Century Fox from the suit, and dismissed a claim of breach of implied warranty of merchantability.