Tag Archives: false advertising

Appraisals are opinions, not facts

Posted on April 3, 2017 by rtushnet

Collins v. Travers Fine Jewels Inc., 2017 WL 1184305, 16-CV-03780 (S.D.N.Y. Mar. 29, 2017) Collins sued Travers for breach of contract, violations of the Uniform Commercial Code, fraudulent misrepresentation, negligence, fraud, unfair and deceptive trade practices, and false advertising.  Defendants … Continue reading →

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internal studies on consumer preference support class action treatment for weed killer claims

Posted on March 29, 2017 by rtushnet

Martin v. Monsanto Co., No. 16–2168, 2017 WL 1115167 (C.D. Cal. Mar. 24, 2017) This case grants class certification, illustrating the use of internal consumer research in class action practice.  The probabilistic nature of consumer reaction is not necessarily a … Continue reading →

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Plaintiff doesn’t have to rebut 230 immunity in complaint against multiple parties

Posted on March 29, 2017 by rtushnet

Moretti v. Hertz Corp., No. 14-469, 2017 WL 1032783 (D. Del. Mar. 17, 2017) Moretti sued for violation of California’s false advertising, consumer protection, and unfair and deceptive trade practices laws, and common law fraud.  Moretti alleged that prices for … Continue reading →

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False advertising of sperm donor leads to wrongful birth claim

Posted on March 29, 2017 by rtushnet

Doe 1 v. Xytex Corp., No. C 16-02935, 2017 WL 1112996 (N.D. Cal. Mar. 24, 2017)| A false advertising case arising out of a wrongful birth claim: Does One and Two used xytex.com, which sold human semen for use in … Continue reading →

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Dastar/preemption bars claims based on allegedly false claims of credit for innovation

Posted on March 24, 2017 by rtushnet

OptoLum, Inc. v. Cree, Inc., No. CV-16-03828, 2017 WL 1057924 (D. Ariz. Mar. 21, 2017) The parties compete in the market for LED lights. OptoLum claims to be the inventor of technology used inside LED bulbs allowing them to have … Continue reading →

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Nursing homes’ claims are puffery

Posted on March 24, 2017 by rtushnet

Commonwealth of Pennsylvania v. Golden Gate National Senior Care LLC, No. 336 M.D. 2015, — A.3d —-, 2017 WL 1075535 (Comm. Ct. Pa. Mar. 22, 2017) Golden Gate manages and operates 36 skilled nursing facilities in Pennsylvania.  The Commonwealth sued … Continue reading →

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Bud Light Lime-a-Rita not deceptive despite not being so light after all

Posted on March 20, 2017 by rtushnet

Cruz v. Anheuser-Busch Cos., LLC, No. 15-56021, — Fed.Appx. —-, 2017 WL 1019084 (9th Cir. Mar. 16, 2017) Cruz sued Anheuser-Busch for the usual California claims, alleging that the labels on cartons containing cans of “Rita” malt beverages, including Lime-a-Rita, … Continue reading →

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Keyword ad case based on failure to disclose connections fails

Posted on March 20, 2017 by rtushnet

Novation Ventures, LLC v. J.G. Wentworth Co., LLC, 2016 WL 6821110,  No. CV 15-00954 BRO (C.D. Cal. Feb. 1, 2016) Novation factors structured settlements: it buys the right to receive scheduled future payments from settlement recipients who do not wish … Continue reading →

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All in the game: misleading tennis racquet endorsements don’t support class certification

Posted on March 17, 2017 by rtushnet

Ono v. Head Racquet Sports USA, Inc., No. CV 13–4222, 2016 WL 6647949 (C.D. Cal. Mar. 8, 2016)| Ono sued Head for deceiving the public “into believing that top-ranked professional tennis players actually used [Tour–Line Racquets] during competition,” bringing the … Continue reading →

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Slingbox’s addition of ads wasn’t deceptive

Posted on March 17, 2017 by rtushnet

In re Sling Media Slingbox Advertising Litig., 202 F. Supp. 3d 352 (S.D.N.Y. 2016) Plaintiffs sued Sling under California law, and in the alternative under the consumer-protection laws of forty-seven other jurisdictions, including under New York General Business Law § … Continue reading →

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