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The amounts that may be recovered in such matters may be subject to insurance coverage.
−Removed: Although the results of legal proceedings
−Removed: and claims cannot be predicted with certainty, neither the Company nor any of its subsidiaries is currently a party to any legal proceedings the outcome of which, we believe, if determined adversely to us, would individually or in the aggregate have a material adverse effect on our business, financial condition or results of operations.
+Added: Although the results of legal proceedings and claims cannot be predicted with certainty, neither the Company nor any of its subsidiaries is currently a party to any legal proceedings the outcome of which, we believe, if determined adversely to us, would individually or in the aggregate have a material adverse effect on our business, financial condition or results of operations.
However, the outcome of such matters is inherently unpredictable and subject to significant uncertainties.
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The matters described below involve issues or claims that may be of particular interest to our stockholders, regardless of whether they may be material to our financial position or operations based upon the standard set forth in the rules of the Securities and Exchange Commission.
−Removed: Service Professional Class Action Litigation against HomeAdvisor
+Added: Professional Class Action Litigation against HomeAdvisor
In July 2016, a putative class action, Airquip, Inc.
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District Court for the District of Colorado.
−Removed: The complaint, as amended in November 2016, alleges that HomeAdvisor engages in certain deceptive practices affecting the service professionals (“SPs”) who join its network, including charging them for substandard customer leads and failing to disclose certain charges.
−Removed: The complaint sought certification of a nationwide class consisting of all HomeAdvisor SPs since October 2012, asserted claims including fraud, breach of implied contract and unjust enrichment and sought injunctive relief and damages in an unspecified amount.
−Removed: In July 2018, the plaintiffs’ counsel filed a separate putative class action in the U.S.
+Added: The complaint, as amended in November 2016, alleged that HomeAdvisor engages in certain deceptive practices affecting the professionals who join its network, including charging them for substandard customer leads and failing to disclose certain charges.
+Added: The complaint sought certification of a nationwide class consisting of all HomeAdvisor professionals since October 2012, asserted claims for fraud, breach of implied contract, unjust enrichment and violation of the federal RICO statute and the Colorado Consumer Protection Act, and sought injunctive relief and damages in an unspecified amount.
+Added: In July 2018, plaintiffs’ counsel filed a separate putative class action in the U.S.
District Court for the District of Colorado, Costello et al.
HomeAdvisor, Inc.
−Removed: 1:18-cv-1802, on behalf of the same nine SPs proposed as new plaintiffs in the Airquip case, naming as defendants HomeAdvisor, the Company and IAC (as well as an unrelated company), and asserting 45 claims largely duplicative of those asserted in a proposed second amended complaint in the Airquip case.
+Added: 1:18-cv-1802, on behalf of the nine professionals also proposed as new plaintiffs in the Airquip case, naming as defendants HomeAdvisor, the Company and IAC (as well as an unrelated company), and asserting 45 claims largely duplicative of those asserted in a proposed second amended complaint in the Airquip case.
In November 2018, the judge presiding over the Airquip case issued an order consolidating the two cases to proceed before him under the caption In re HomeAdvisor, Inc.
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(a wholly-owned subsidiary of the Company) and two unrelated entities.
−Removed: In October and December 2019, the four defendants affiliated with HomeAdvisor filed motions to dismiss certain claims in the amended complaint.
+Added: In October and December 2019, the four defendants
+Added: affiliated with HomeAdvisor filed motions to dismiss certain claims in the amended complaint.
In September 2020, the court issued an order granting in part and denying in part the defendants’ motions to dismiss.
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the defendants opposed the motion.
−Removed: On January 10, 2024, the court entered an order largely denying plaintiffs’ motion for class certification.
−Removed: While the court certified certain classes seeking only injunctive relief based upon alleged misappropriation of SPs’ intellectual property, the court declined to certify any of the proposed classes challenging lead quality and seeking monetary relief.
−Removed: On January 24, 2024, the plaintiffs filed a motion for reconsideration of the court’s partial denial of class certification;
−Removed: on February 14, 2024, the defendants opposed the motion, which remains pending.
−Removed: On February 26, 2024, the parties filed motions for summary judgement on the remaining class claim regarding misappropriation of SPs’ intellectual property.
−Removed: The Company believes that the allegations in this lawsuit are without merit and will continue to defend vigorously against them.
+Added: On January 10, 2024, the court issued an order largely denying the motion;
+Added: while the court certified certain classes seeking only injunctive relief based upon alleged misappropriation of professional’s intellectual property, the court declined to certify any of the proposed classes challenging lead quality and seeking monetary relief.
+Added: On July 18, 2024, the Tenth Circuit Court of Appeals denied the plaintiffs’ petition for leave to appeal the district court’s partial denial of class certification.
+Added: On August 20, 2024, the plaintiffs filed a motion for leave to file a second motion for class certification, proposing somewhat narrower, state-based classes;
+Added: the defendants opposed the motion, which remains pending.
+Added: On February 26, 2024, the parties filed cross-motions for summary judgment on the plaintiffs’ claims alleging misappropriation of professional’s intellectual property.
+Added: On September 13, 2024, the district court issued an order granting the defendants’ motion and dismissing the plaintiffs’ misappropriation claims.
+Added: The Company remains confident in its ability to prevail on the merits and will continue to defend vigorously against the allegations in this litigation.
Mine Safety Disclosures
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.