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Searching Content indexed under Consumer Trading & Unfair Trading by Daniel Werb ordered by Published Date Descending.
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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
2
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
3
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
4
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
5
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
6
(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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