Tag Archives: false advertising

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

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reasonable consumer wouldn’t expect advertised in-person classes in pandemic (but contract claims survive)

Ford v. Rensselaer Polytechnic Institute, No. 20-CV-470, 2020 WL 7389155 (N.D.N.Y. Dec. 16, 2020) This is a putative class action against RPI for breach of contract, false advertising, and related claims based on the mid-semester pandemic shutdown of early 2020. … Continue reading

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100% good news: 7th Cir. reverses “100% grated parmesan cheese” dismissal

Bell v. Publix Super Markets, Inc., 2020 WL 7137786, — F.3d –, Nos. 19-2581, 19-2741 (7th Cir. Dec. 7, 2020) Note: Then-Circuit Judge Barrett was a member of the panel when this case was submitted but did not participate in … Continue reading

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intentional misleadingness obviates need for deception evidence

Aoki v. Gilbert, 2020 WL 6741693, No. 11-cv-02797-TLN-CKD (E.D. Cal. Nov. 17, 2020) The court explains: “Put most succinctly, at trial Plaintiffs contended Defendants infringed Dr. Aoki’s patents for his pulsed insulin diabetes treatment method; infringed Dr. Aoki’s copyrighted slides; … Continue reading

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advertising injury insurance covers false advertising/patent case despite exclusions

In re Indian Harbor Ins. Co. v. SharkNinja Operating LLC, No. N20C-02-014 PRW CCLD (Del. Super. Ct. Nov. 19, 2020) Indian Harbor provided SharkNinja with personal and advertising injury insurance; it was sued for false advertising and patent infringement by … Continue reading

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it’s not misleading to advertise the same thing with two names and two prices

 Lokey v. CVS Pharmacy, Inc., 2020 WL 6822890, No. 20-cv-04782-LB (N.D. Cal. Nov. 20, 2020) Lokey alleged that CVS violated the FAL/UCL/CLRA by marketing its CVS-branded infant pain-and-fever medicine at a higher price (up to two and a half times … Continue reading

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Power pack plausibly promises more than it delivers

Geske v. PNY Technol., Inc., No. 19-cv-05170, 2020 WL 7042887 (N.D. Ill. Nov. 30, 2020) A delightful example of Seventh Circuit style, clear but respectful of the parties’ arguments. Geske alleged that PNY’s portable power bank, whose package prominently declared … Continue reading

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negligence claim v Amazon survives when 230 bars false advertising claim

Brodie v. Green Spot Foods, LLC, 2020 WL 7027594, No. 20 Civ. 1178 (ER) (S.D.N.Y. Nov. 30, 2020) Brodie sued Green Spot and Amazon for “injuries she sustained after consuming a product known as Better than Pasta, which she purchased … Continue reading

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advertiser can amend complaint against Facebook for click fraud claims

DotStrategy Co. v. Facebook Inc., No. C 20-00170 WHA, 2020 WL 6591366 (N.D. Cal. Nov. 11, 2020) The court grants plaintiff’s motion for leave to amend its complaint in this putative class action alleging that FB’s statements about advertising on … Continue reading

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timeshare exit lawyer wins a round: no harm causation shown

Club Exploria, LLC v. Aaronson, Austin, P.A., No. 18-cv-576-Orl-28DCI, 2020 WL 6585802 (M.D. Fla. Nov. 10, 2020) Another timeshare v. timeshare exit lawyer case that goes much better for the defendant than some others. Briefly, the plaintiff seems to have … Continue reading

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