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Tag Archives: damages
no disgorgement/fees in false advertising case even after Romag remand
Harbor Breeze Corp. v. Newport Landing Sportfishing, Inc., 2023 WL 2504988, No. SACV 17-01613-CJC (DFMx) (C.D. Cal. Mar. 13, 2023) Previous district court ruling on irreparable harm; previous 9th Cir. opinion remanding for reconsideration of disgorgement and attorneys’ fees after … Continue reading
Another pandemic education case: false advertising fails, contract claim survives
Bergeron v. Rochester Inst. of Technology, No. 20-CV-6283 (CJS), 2020 WL 7486682 (W.D.N.Y. Dec. 18, 2020) Different district, same result as this case involving Rensselaer Polytechnic. Contract/unjust enrichment claims survive based on allegations that RIT promised in-person learning, but conversion … Continue reading
Second Circuit affirms flushable wipes damages class certification, disallows injunctive class
Kurtz v. Costco Wholesale Corporation, 818 Fed.Appx. 57, Nos. 17-1856-cv, 17-1858-cv (2d Cir. Jun. 26, 2020) This is a “flushable” wipes consumer protection class action. The district court previously certified damages and injunctive relief classes. On appeal, the Second Circuit … Continue reading
(c) profits expert excluded for failure to tie profits to specific photos copied, instead of photos in general
Yellowpages Photos, Inc. v. YP, LLC, 2019 WL 6033084, No: 8:17-cv-764-T-36JSS (M.D. Fla. Nov. 14, 2019) YPPI sued YP alleging infringement of YPPI’s copyrights, and sought disgorgement of the profits derived therefrom. Its expert, Brown, was offered to opine on … Continue reading
Heart of darkness: hedonic regression damages model allows certification in flushable wipes case
Kurtz v. Kimberly-Clark Corp., — F.Supp.3d —-, 2019 WL 5483510, Nos. 14-CV-1142, 14-CV-4090 (E.D.N.Y. Oct. 25, 2019) Here, the consumer class action concerns allegedly false advertising of “flushable” wipes that have generated municipal lawsuits around the country. After remand to … Continue reading
Legal Applications of Marketing Theory, part 4
Legal Applications of Marketing Theory, part 4 Steve Ansolbahahere & Jacob Gersen, Harvard University, Dept of Government & Harvard Law School, Consumer Confusion in the Law of Food (Are People Misled?) Pom Wonderful case: Pom Wonderful Pomegranate Blueberry 100% juice; … Continue reading
tell me no lyes: hair relaxer claims continue
In re Amla Litigation, — F.Supp.3d —-, 2018 WL 3629226, No. 16-cv-6593 (S.D.N.Y. Jul. 31, 2018) Plaintiffs brought fifteen claims, including false advertising, against L’Oreal based on alleged defects in the Amla Legend Rejuvenating Ritual Relaxer, which is used to … Continue reading
Dr. Pepper gets an upset tummy: Court approves conjoint analysis/price premium model in ginger ale class action
Fitzhenry-Russell v. Dr. Pepper Snapple Group, Inc., 2018 WL 3126385, No. 17-cv-00564 (N.D. Cal. Jun. 26, 2018) (magistrate judge) Canada Dry Ginger Ale allegedly deceived consumers with the phrase “Made From Real Ginger” when, in fact, Canada Dry does not … Continue reading
Rebecca Tushnet 