Searching Content indexed under Trials & Appeals & Compensation by Daniel Werb ordered by Published Date Descending.
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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
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
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
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
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
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
Second Circuit Affirms Preliminary Injunction Of "Identical" Gray Goods
Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips.
United States
29 Nov 2016
Second Circuit Affirms Ruling That SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy Test And Did So Intentionally And Egregiously
When SPD launched the Weeks Estimator in the U.S. in August 2013, it unleashed an extensive advertising campaign that the trial court found "was intentionally designed to mislead consumers"...
United States
22 Nov 2016
Want To Settle Before Class Certification? The Supreme Court Raises The Stakes
The case involved a claim under the Telephone Consumer Protection Act and was decided on basic principles of contract law, but it raises important implications for class action plaintiffs and defendants in all manner of cases...
United States
12 Feb 2016
Supreme Court Holds That Belief Of A Patent's Invalidity Is Not A Defense To Inducement Of Infringement
The petitioner, Commil, owned a patent for a method of implementing short-range wireless networks.
United States
28 May 2015
In Consumer Class Actions, Discovery Is Not Insured
New Jersey's appellate division affirmed, "reject[ing] plaintiffs' urging to impose a bright-line rule prohibiting examination of the propriety of class certification until discovery is taken."
United States
15 May 2015
(Baby) Food For Thought: In Alleging Unlawful And Misleading Product Labeling, Plaintiff Needed More Than One Gerber Baby
The case illustrates an important threshold to the reasonable consumer standard for consumer deception, and Gerber can rest more easily knowing that the case has been pacified. But there's a wrinkle in the baby fat.
United States
23 Jan 2015
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