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  4.  – MACY’S Affirmative Defenses Against Plaintiffs in Fake Jewelry Case Suspend Reality

MACY’S Affirmative Defenses Against Plaintiffs in Fake Jewelry Case Suspend Reality

| May 22, 2013 | Macy's Fake Gem Lawsuit

After multiple unsuccessful motions seeking to dismiss Plaintiffs claims that it was selling rubies and other fine jewelry as “real” or “natural” when they were clearly not, Macy’s finally filed its answer to the Plaintiff’s complaint in the fake jewelry case heard before the Hon. John Munter of the San Francisco Superior Court (San Francisco Superior Court No. 10 495868).  In its response, Macy’s denied all fault, as expected, in response to claims it was selling composite rubies that were heavily treated using lead glass as “natural”.  Macy’s also alleged Forty-One affirmative defenses attacking Plaintiffs.  Here, Macy’s has the burden of proving its claims.  While many of the affirmative defenses are based on legal issues, a few of Macy’s affirmative defenses bear closer examination, especially in light of the facts shown in a recent Good Morning America video.

If you took a moment to look at the video and saw what actually happened, compare that with what Macy’s is claiming as it seeks to avoid liability.

In their 8th Affirmative defense, Macy’s alleges that prior to the commencement of the suit, Macy’s “duly performed, satisfied, and discharged all duties and obligations they may have owed to Plaintiffs…’’.

In its 15th Affirmative defense, Macy’s blames the Plaintiffs for any damages Plaintiffs claim from buying fake jewelry stating, “if Plaintiffs have suffered or will suffer any damages, those damages are the result of their own conduct and not the result of any conduct by the defendants”.  Is Macy’s claiming consumers’ injected lead into the fake stones to make them look real?

In its 18th Affirmative defense, Macy’s amazingly claims that prior to any purchase Macy’s informed the consumer, “that all material facts known by these defendants were fully disclosed in good faith to Plaintiff.”  Does this mean Macy’s really disclosed its rubies were not real and Plaintiffs paid real ruby prices anyway?

Remember that real rubies are from the mineral corundum and are magnificent in color, hard, durable, brilliant in color, and command high prices.  You can take a poor quality stone and enhance it by adding lead glass or treating it with heat to enhance its color and presentation and the consumer will not notice anything with the naked eye.

As the Good Morning America piece points out, “To the naked eye, there’s no difference, but examined under a microscope, gas bubbles that form as the glass cools can be seen in the composite rubies.  Experts say composite rubies are fragile, and that they’re only worth a fraction of the value of natural rubies.”

We are representing a group of people who bought what they were told were the real things, natural rubies, etc., paid real prices, only to later learn their jewelry was not real and worth only a fraction of their purchase price.  If you purchased fine jewelry, rubies, diamonds, sapphires or other gemstones from Macy’s anywhere in the US since 2006, you may have a claim.  Contact The Brandi Law Firm Consumer Fraud Attorneys to find out more about these issues, whether you are in New York, Los Angeles, Honolulu, Seattle, Miami, or parts between.  Please contact The Brandi Law Firm at 800-481-1615 or email us