Attorney Heather Marie Somers's Legal Cases

Commercial real estate

Sleepy’s, LLC v Select Comfort Wholesale Corporation et al.

N/A

OUTCOME: Finding in favor of defendants on plaintiff’s remanded claims of breach of contract, breach of implied covenant of good faith and fair dealing, slander per se and unfair competition.

No. 07cv4018 (E.D.N.Y 2015), vacated in part 779 F. 3d 191, 193 (2d Cir 2015)

Tax

Gilbert v Select Comfort Corporation

N/A

OUTCOME: Dismissing with prejudice plaintiff’s purported class action complaint alleging over-collection of state sales tax.

No. 14-2-13959-4 (Super. Ct. King County (Wash.) 2015)

Insurance

Select Comfort Corporation v Arrowood Indemnity Company

N/A

OUTCOME: olding insurer must pay attorneys’ fees plus interest under Morrison rule as insurer breached its duty to defend insured.

No: 0:13cv02975 (D. Minn 2014)

Advertising

Select Comfort Corporation v Tempur Sealy International, Inc. et al.

N/A

OUTCOME: Granting motion for temporary restraining order enjoining defendant’s false advertising and disparaging conduct.

No. 0:13cv02451 (D. Minn 2013)

Class action

Stearns et al. v Select Comfort Retail Corporation et al.

N/A

OUTCOME: Granting defendant’s motion to strike and dismiss plaintiff’s class action complaint and denying plaintiff’s motion for leave to file fourth amended complaint.

763 F. Supp. 2d 1128 (N.D. Cal. 2010)

Consumer protection

Boland v Select Comfort Retail Corporation et al.

N/A

OUTCOME: Dismissing with prejudice plaintiff’s purported class action complaint alleging violations of state consumer protection statutes and breach of contract claims.

No. 1:10cv00465 (E.D. Pa. 2010)

Insurance

Hall v. Valley Forge Life Insurance Company, et al.

N/A

OUTCOME: Affirming summary judgment for insurer and holding that payment of premium is necessary before claim may be made concerning the reasonableness of any delay.

841 So. 2d 851 (La. App. 2003)

Insurance

Ozor v. CNA Insurance Company and Valley Forge Life Insurance Company

N/A

OUTCOME: Holding that beneficiary’s cause of action under Texas Insurance Code accrued, at the latest, on the date insurer denied beneficiary’s claim for benefits under life insurance policy.

2002 WL 31059790 (N.D. Tex. 2002)

Insurance

Willard v. Valley Forge Life Insurance Company, et al.

N/A

OUTCOME: Holding that a good health provision in a life insurance policy, which requires a prospective insured’s health condition remain the same between application and policy delivery dates, is an enforceable condition precedent to coverage.

218 F.Supp.2d 1197 (C.D. Cal. 2002)

Personal injury

Simon v Select Comfort Retail Corp., et al.

N/A

OUTCOME: Granting Motion for Summary Judgment dismissing plaintiff's product liability and personal injury claims.

No. 4:14vc01136 (E.D. Mo. 2016)

Heather Marie Somers's Legal Cases (10)

Sleepy’s, LLC v Select Comfort Wholesale Corporation et al.

Gilbert v Select Comfort Corporation

Select Comfort Corporation v Arrowood Indemnity Company

Select Comfort Corporation v Tempur Sealy International, Inc. et al.

Stearns et al. v Select Comfort Retail Corporation et al.

Boland v Select Comfort Retail Corporation et al.

Hall v. Valley Forge Life Insurance Company, et al.

Ozor v. CNA Insurance Company and Valley Forge Life Insurance Company

Willard v. Valley Forge Life Insurance Company, et al.

Simon v Select Comfort Retail Corp., et al.