Tag Archives: false advertising

false advertising dispute based on study in medical journal should proceed, judge recommends

Posted on April 11, 2017 by rtushnet

Theodosakis v. Clegg, 2017 WL 1294529, No. CV-14-02445 (D. Ariz. Jan. 30, 2017) (magistrate judge) Theodosakis and Supplement Testing Institute sued defendants for defamation, commercial disparagement, tortious interference with business expectancy, false advertising and unfair competition under the Lanham Act, … Continue reading →

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lack of substantiation isn’t actionable, but claims of 100% satisfaction are

Posted on April 11, 2017 by rtushnet

Moorer v. Stemgenex Medical Group, Inc., 2017 WL 1281882, No. 16-cv-02816 (S.D. Cal. Apr. 6, 2017) Plaintiffs brought the usual California claims (plus RICO and California’s Health and Safety Code section 24170, et seq., (Human Experimentation) (!), and Financial Elder … Continue reading →

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California Supreme Court finds waiver of statutory remedies unenforceable even as part of arbitration

Posted on April 10, 2017 by rtushnet

McGill v. Citibank, N.A., No. S224086, 2017 WL 1279700 (Cal. Apr. 6, 2017) Statutory remedies available for a violation of the CLRA, UCL, and FAL include public injunctive relief: injunctive relief that has “the primary purpose and effect of prohibiting … Continue reading →

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interpreting state law narrowly, court denies bad faith patent assertion claim

Posted on April 4, 2017 by rtushnet

Digital Ally, Inc. v. Utility Associates, Inc., 2017 WL 1197561, No. 14-2262-CM (D. Kan. Mar. 30, 2017) The parties compete in the market for in-car video and surveillance systems (which makes the court’s conclusion below that they’re not competitors a … Continue reading →

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NY class certified in “flushable” wipes case with statutory damages available

Posted on April 3, 2017 by rtushnet

Kurtz v. Kimberly-Clark Corp., No. 14-CV-1142 et al., 2017 WL 1155398, — F.Supp.3d —- (E.D.N.Y. Mar. 27, 2017) (not effective until April 10, 2017) (I suspect this is another way for the judge to say “get this out of my … Continue reading →

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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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