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Searching Content by Daniel Werb from Proskauer Rose LLP ordered by Published Date Descending.
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1
Third Circuit Shreds Plaintiff's Credit Card Receipt Case On Standing Grounds
The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act ("FACTA"), absent any showing of concrete harm.
United States
15 Apr 2019
2
$15 Million False Ad Verdict Boosts Damages In Probiotic IP Dispute
On November 20, 2018, a years-long dispute before Judge Theodore Chuang in the District of Maryland over probiotics culminated in a gut-wrenching $18 million jury verdict against defendant pharmaceutical companies.
United States
27 Dec 2018
3
Second Circuit Affirms Dismissal Of Truffle Kerfuffle
Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs'
United States
11 Dec 2018
4
EDNY Sticks A Fork In Angus Steak Sandwich Class Action Complaint
A federal court in the Eastern District of New York recently dismissed a putative class action filed against Dunkin' Brands alleging deceptive advertising with respect to its Angus Steak & Egg Breakfast Sandwich and Angus Steak & Egg Wake-Up Wrap.
United States
11 Oct 2018
5
Ninth Circuit Puts Restitution Claims To Rest In Discount Advertising Case
The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale ...
United States
24 Jul 2018
6
Law Professors Take On Flawed USCIS Policy
This policy change has resulted in SIJS denials for immigrant children who would otherwise qualify for SIJS based on well-established state and federal law.
United States
16 Jul 2018
7
Federal "Spring Water" Standards Runneth Over State Claims
We often cover cases in which false advertising claims brought under state law are challenged as preempted by a federal regulatory scheme.
United States
19 Jun 2018
8
Class Certification Denied In Juice Dispute
Recently, a New Jersey federal district court judge refused to certify a class of consumers claiming an orange juice product was mislabeled as "pasteurized."
United States
6 Feb 2018
9
New Trial Ordered Where Jury's Verdict Didn't "Gel"
The jury also rejected plaintiff's claims for strict liability and negligence. Nevertheless, the jury awarded $150 million in punitive damages.
United States
4 Jan 2018
10
Third Circuit Splits With The Seventh Over Standing To Sue For Alleged Inefficient Design Of Eye Drop Dispenser
In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated...
United States
7 Dec 2017
11
Second Circuit Dismisses Claims Of Would-Be Ad-Blockers
On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with...
United States
1 Dec 2017
12
New Jersey Supreme Court Announces Last Call For TCCWNA Happy Hour
In recent years, creative plaintiff-side class action attorneys in New Jersey have attempted to seek relief under the Truth in Consumer Contract, Warranty and Notice Act ("TCCWNA")...
United States
31 Oct 2017
13
Jury Tests the Limits in AndroGel False Ad Verdict
In late July, an Illinois jury came to a bizarre verdict in a case over an alleged link between heart attacks and AndroGel, a gel product used for treating low testosterone (or "low T").
United States
29 Aug 2017
14
Athletic Tape Maker Feels The Pain, Settles Misleading Advertising Suit
Proskauer's sports law newsletter, Three Point Shot, recently covered a proposed $1.75 million settlement in a false advertising case involving athletic tape.
United States
10 Jul 2017
15
Foreign Importer Hanging by a Thread, but International Trade Commission Cuts It Off
The International Trade Commission recently issued a general exclusion order barring the importation of bed sheets with falsely advertised thread counts as a remedy for Section 337 violations.
United States
2 May 2017
16
Elsevier Wins Summary Judgment Over Use Of 3-D Medical Animations In Copyright Case
In response, Archie sued, bringing claims of copyright infringement, breach of contract and violation of the Defend Trade Secrets Act.
United States
29 Mar 2017
17
Made-in-the-U.S.A. Complaint Does Not Make the Cut
Where the plaintiff either resorts to naked conclusions, or its factual allegations are too incomplete to be plausible, the complaint must be dismissed, as the court in the Citizens for Humanity case...
United States
7 Mar 2017
18
California Court Issues Surprising Decision In Discount Advertising Case
On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC.
United States
18 Jan 2017
19
Proskauer's Larry Weinstein Discusses Implications of Bautista v. Cytosport in Legal NewsLine Article
Last week, this blog covered the slack-fill decision in Bautista v. Cytosport, Inc., 2016 WL 7192109 (S.D.N.Y. Dec. 12, 2016), in which the court dismissed the putative class action complaint for failure to allege non-conclusory facts.
United States
14 Jan 2017
20
Update On Second Circuit Ruling In Church & Dwight v. SPD Swiss Precision Diagnostics "Weeks Estimator" Home Pregnancy Test Litigation
Last month we summarized the Second Circuit's important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics...
United States
16 Dec 2016
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