Second Circuit OKs Dismissal of Road Runner Ad Suit

Failure by the plaintiffs to produce most of the advertising that they alleged Time Warner Cable used to misrepresent the speed of its Road Runner internet connection service convinced the U.S. Court of Appeals for the Second Circuit May 6 that the plaintiffs’ claims lacked facial plausibility required to survive a motion to dismiss (Fink v. Time Warner Cable, 2d Cir., 12-0299-cv, 5/6/13).

In a per curiam decision, the circuit court upheld the district court’s dismissal of New York and California-based consumer fraud claims in a purported class action against Time Warner for advertising Road Runner as ...