Tag Archives: false advertising

can investigating claims bind you to arbitration?

LegalForce RAPC Worldwide, P.C. v. LegalZoom.com, Inc., 2018 WL 1738135, No. 17-cv-07194-MMC (N.D. Cal. Apr. 10, 2018) LegalZoom, which advertises its ability to help people register trademarks, allegedly makes “false comparisons to attorney led services” and engages in the unauthorized … Continue reading

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Consumer class action fails for failure to survey on the exact statements challenged

Townsend v. Monster Beverage Corp., — F.Supp.3d —-, 2018 WL 1662131, No. 12–2188–VAP (KKx) (C.D. Cal. Mar. 20, 2018) The Ninth Circuit remanded this case on UCL, FAL, and CLRA claims insofar as they challenge four specific on-label representations of … Continue reading

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we said the meal was a “value,” we just didn’t say to whom

Killeen v. McDonald’s Corp., 2018 WL 1695366, No. 17 CV 874 (N.D. Ill. Apr. 6, 2018) Courts will only rarely protect consumers against their inability in the moment to do math; this is not one of those times. Killeen alleged … Continue reading

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make your own sexual reference: 9th Circuit partially reinstates male enhancement lawsuit

Sandoval v. PharmaCare US, Inc., No. 16-56301, No. 16-56710, — Fed.Appx. —-, 2018 WL 1633011 (9th Cir. Apr. 5, 2018) Sandoval brought a putative class action claim based on PharmaCare’s statements about its “male enhancement” product IntenseX. The court of … Continue reading

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multi-million dollar award for trade secret theft & false advertising of “local” origin

Bimbo Bakeries USA, Inc. v. Sycamore, 2018 WL 1578115, No. 13-cv-00749-DN-DBP (D. Utah Mar. 29, 2018) A relatively large trade secret/false advertising verdict in this case.  Bimbo prevailed at trial on its trade secret claim that Sycamore revealed Bimbo Bakeries’ … Continue reading

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“tougher” and “durable” aren’t puffery for shingles

Stern v. Maibec Inc., 2018 WL 1586323, No. 11-cv-3951(PGS)(TJB) (D.N.J. Apr. 2, 2018) Maibec makes eastern white cedar shingles and offers a 50-year limited warranty against wood decay and a warranty against stain failure. Its website touted eastern white cedar … Continue reading

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Timeshare company can sue anti-timeshare law firm under Florida unfair competition law

Orange Lake Country Club, Inc. v. Castle Law Group, P.C., No: 17-cv-1044-Orl-31DCI, 2018 WL 1535719 (M.D. Fla. Mar. 29, 2018) Plaintiffs are entities involved in selling timeshares; defendants promise to help timeshare owners get out of their contracts. Defendants allegedly … Continue reading

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