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Judge finds large hole in Dorchester man's pricing lawsuit against Dunkin' Donuts, dismisses case

A federal judge today dismissed what was meant to be a class-action suit against Dunkin' Donuts over alleged overcharging on its mobile app because the only listed plaintiff in the initial complaint and Dunkin' Donuts are both based in Massachusetts, and federal class-action law requires at least one party to be in a different state.

In March, Martin Kelledy of Dorchester filed a federal suit against Dunkin' Donuts, headquartered in Canton, after, he alleged, he was overcharged for a Large Original Blend Iced Coffee and an everything bagel with plain cream cheese by the company's mobile app.

In a ruling today, US District Court Judge Richard Stearns said that while Kelledy's proposed class of harmed consumers might have included people outside Massachusetts, none were actually listed as plaintiff in the March complaint.

Kelledy, the only plaintiff named in the Complaint, is a resident of Dorchester, Massachusetts. Dunkin’s principal place of business is in Canton, Massachusetts. Because both parties are citizens of Massachusetts, the Complaint fails to meet the minimal diversity requirement. The court accordingly lacks subject matter jurisdiction, and the Complaint must be dismissed.

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Make the rules complicated enough, and the procedures obscure and unexplained enough, and lawyers will get to spend most of their time and earn most of their money arguing over technicalities, rather than the actual alleged injustice at hand.

It would have been too easy if the form to file a class action suit asked for names and states of the names plaintiffs and defendant, and said, “Note: at least two different states must be involved.”

Voting closed 7

He'll make another go of it.

Voting closed 6