Monthly Archives: September 2021

contributory liability possible for lawyers in timeshare exit cases

Posted on September 30, 2021 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Cal. Apr. 12, 2021) Another timeshare company v. timeshare exit company case. Here, Diamond sued both the marketers who seek exit clients … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Survey flaws prevent it from saving vanilla false advertising claim

Posted on September 30, 2021 by rtushnet

Clark v. Westbrae Natural, Inc., 2021 WL 1580827, No. 20-cv-03221-JSC (N.D. Cal. Apr. 22, 2021) I find the vanilla class actions fascinating because they are starting to reject surveys, pushing this area of the law towards a normative vision of … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

No organizational standing where advocacy campaigns didn’t change

Posted on September 30, 2021 by rtushnet

Friends of the Earth v. Sanderson Farms, Inc., 992 F.3d 939 (9th Cir. 2021) Although the animal/farm advocacy organization plaintiffs won some early skirmishes, they faltered on lack of organizational standing against a poultry producer to bring consumer protection claims. … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

wrong images aren’t false if differences from actual product aren’t material

Posted on September 30, 2021 by rtushnet

Strong Current Enters. Ltd. v. Affiliati Network, Inc. 2021 WL 1383368, No. 20-cv-23692-UU (S.D. Fla. Mar. 26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

pandemic refund claim plausibly alleged

Posted on September 29, 2021 by rtushnet

Rothman v. Equinox Holdings, Inc., 2021 WL 1627490, No. 2:20-cv-09760-CAS-MRWx (C.D. Cal. Apr. 27, 2021) Another pandemic refund case. This one found a misrepresentation adequately pled with respect to the refund provision of plaintiff’s membership contract with the defendant, a … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

“natural” claims still going strong; scientific testing not required in pleading

Posted on September 29, 2021 by rtushnet

Barton v. Pret A Manger (USA) Ltd., — F.Supp.3d —-, 2021 WL 1664319 1:20-cv-04815 GHW (S.D.N.Y. Apr. 27, 2021) Plaintiff plausibly alleged that the references to “natural ingredients” and “natural food” on defendant’s products’ packaging were likely to lead a … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

MLM on MLM action: tortious interference, trade secret, but not false advertising

Posted on September 29, 2021 by rtushnet

It Works Marketing, Inc. v. Melaleuca, Inc., 2021 WL 1650266, No. 8:20-cv-1743-T-KKM-TGW (M.D. Fla. Apr. 27, 2021) It Works is a MLM company that sells health and beauty products that requires distributors to sign a noncompete agreement and provides for … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

CA prohibition of insurance coverage for certain consumer protection cases is constitutional

Posted on September 29, 2021 by rtushnet

Adir Int’l, LLC v. Starr Indemnity & Liability Co., 994 F.3d 1032 (9th Cir. Apr. 15, 2021) California’s AG sued Adir for violating state consumer protection laws based on conduct at its retail stores that allegedly exploited its mainly low-income, … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

falsely advertising “proprietary” and “exclusive” material isn’t actionable under Dastar

Posted on September 28, 2021 by rtushnet

Crocs, Inc. v. Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D. Colo. Sept. 14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

both being on an app store and not being on an app store make confusion likely

Posted on September 28, 2021 by rtushnet

Reflex Media, Inc. v. Luxy Ltd., 2021 WL 4134839, No. 2:20-cv-00423-RGK-KS (C.D. Cal. Jul. 13, 2021) Eric Goldman has highlighted the toxic assumptions about sex workers and their clients that the court tosses off in its likely confusion analysis. Potential … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment