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Nguyen v. Barnes & Noble Inc.
Citation:
763 F.3d 1171 (9th Cir. 2014)Facts
In August of 2011, Barnes & Noble liquidated its inventory of Hewlett-Packard Touchpads (“Touchpads”) by advertising a “fire sale” of Touchpads at a considerable discount. Nguyen purchased two units on the Barnes & Noble website on August 21, 2011, and received an email confirming the transaction. However, the next day, Nguyen received another email that Barnes & Noble had canceled his order due to unexpectedly high demand for the Touchpad. Nguyen alleged that due to Barnes & Noble’s representations and delay in informing him of the canceled sale, he could not obtain a Touchpad at the discounted price. Therefore, he was forced to rely on a substitute tablet purchased at considerable expense. In April of 2012, Nguyen filed suit against Barnes & Noble.
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