Monthly Archives: November 2021

erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce

Posted on November 9, 2021 by rtushnet

Ranalli v. Etsy.com, 2021 WL 5166568, No. 21-88 (W.D. Pa. Nov. 5, 2021) Ranalli brought this putative class action for violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) and the Pennsylvania Fair Credit Extension Uniformity Act … Continue reading →

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I can’t believe it’s not butter—because the label said it was all butter

Posted on November 8, 2021 by rtushnet

Boswell v. Bimbo Bakeries USA, Inc., 2021 WL 5144552, No. 20-CV-8923 (JMF) (S.D.N.Y. Nov. 4, 2021) Boswell sued on the theory that the packaging on Entenmann’s “All Butter Loaf Cake” was misleading because the cake contains not only butter, but … Continue reading →

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Another pandemic university fees claim fails

Posted on November 8, 2021 by rtushnet

Yodice v. Touro College, 2021 WL 5140058, No. 21cv2026 (DLC) (S.D.N.Y. Nov. 4, 2021) It’s now been long enough that there are a couple of cases finding potentially valid claims based on Covid closures, but this is not one of … Continue reading →

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Dastar bars some claims about “patented” statements but related superiority statements are still at issue

Posted on November 8, 2021 by rtushnet

BPI Sports, LLC v. ThermoLife Int’l, LLC, 2021 WL 4972975, No. 19-60505-CIV-SMITH (S.D. Fla. Jul. 27, 2021) BPI sued ThermoLife for violations of the Lanham Act, 15 U.S.C. § 1125(a), common law unfair competition, and false patent marking. ThermoLife’s Muscle … Continue reading →

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policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive

Posted on November 5, 2021 by rtushnet

Shuman v. SquareTrade Inc., 2021 WL 5113176, No. 20-cv-02725-JCS (N.D. Cal. Nov. 3, 2021) SquareTrade sells service contracts for the protection of consumer goods. Shuman alleged that it consistently fails to provide consumers with the full terms and conditions of … Continue reading →

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Small company successfully pleads materiality/damage against Microsoft

Posted on November 5, 2021 by rtushnet

TocMail Inc. v. Microsoft Corp., 2021 WL 5084182, No. 20-60416-CIV-CANNON/Hunt (S.D. Fla. Jul. 16, 2021) Previous ruling; new judge still finds the false advertising claims sufficiently pled. TocMail sued Microsoft for false advertising of its cloud-based cybersecurity software, Safe Links, … Continue reading →

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Classmates.com, the right of publicity, and copyright preemption

Posted on November 2, 2021 by rtushnet

Callahan v. PeopleConnect, Inc., 2021 WL 5050079, No. 20-cv-09203-EMC (N.D. Cal. Nov. 1, 2021) Plaintiffs in this putative class action alleged that PeopleConnect misappropriated their names, photographs, and likenesses and used the same in advertising its products and services, “including … Continue reading →

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