LeBlanc v. AmeriCredit Financial Services, Inc.
1:25-cv-00163
D.N.H.Jul 8, 2025Background
- Eric LeBlanc, proceeding pro se, sued Americredit Financial Services (GM Financial) alleging various torts and contract-related claims stemming from a vehicle financing transaction.
- The dispute centers on LeBlanc's claim that he "tendered" loan payments by endorsing invoices and providing instructions, instead of actual payment in U.S. funds.
- LeBlanc previously filed a nearly identical case in New Hampshire state court, which was dismissed with prejudice; leave to amend was denied, and he filed this federal lawsuit two days later.
- GM Financial moved to dismiss the federal suit, arguing claim preclusion (res judicata), the economic loss doctrine, and failure to state a claim for certain counts.
- The magistrate judge was tasked with issuing a report and recommendation on the motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Claim preclusion (res judicata) | Different causes of action (e.g., securities fraud) | Same central transaction as state case, so barred | All claims barred by res judicata |
| Economic loss doctrine (tort vs. contract) | Tort claims valid despite contract | Contract governs; no special relationship or independent duty | Tort claims barred by economic loss rule |
| Unjust enrichment claim viability | GM Financial unjustly enriched by ignoring "tender" | Express contract governs; no enrichment or unconscionability | Fails to state a claim (barred) |
| Discrimination claim sufficiency | Refusal to honor payment method is age discrimination | No factual support; no viable discrimination claim alleged | Fails to state a claim |
Key Cases Cited
- Taylor v. Sturgell, 553 U.S. 880 (2008) (articulating claim and issue preclusion under res judicata).
- Brooks v. Tr. of Dartmouth Coll., 161 N.H. 685 (2011) (setting out elements of res judicata in New Hampshire).
- Merriam Farm, Inc. v. Town of Surry, 168 N.H. 197 (2015) (defining "cause of action" for res judicata purposes).
- Plourde Sand & Gravel v. JGI Eastern, 917 A.2d 1250 (N.H. 2007) (economic loss doctrine in contract-tort overlap).
- Kowalski v. Cedars of Portsmouth Condo. Assoc., 146 N.H. 130 (2001) (unjust enrichment basics under N.H. law).
- Axenics, Inc. v. Turner Const. Co., 164 N.H. 659 (2013) (express contract bars unjust enrichment claim).