The case arose when the plaintiff attempted to purchase two Hewlett-Packard Touchpads at a “fire sale” as part of the liquidation of the discontinued Touchpads from www.barnesandnoble.com. Barnes & Noble initially confirmed the sale, but on the following day the plaintiff was informed that his purchase was cancelled due to “unexpectedly high demand” for the product. The plaintiff said he then was forced to buy a higher priced tablet.
Kevin Khoa Nguyen v Barnes & Noble Inc., Ninth Cir. No. 12-56628, issued August 18, 2014.