Monday, October 11, 2021

Mexican origin claims revitalized by survey

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Govea v. Gruma Corp., 2021 WL 4518457, No. CV 20-8585-MWF (JCx) (C.D. Cal. Aug. 18, 2021) Previous discussion . The amended complaint fare...
Friday, October 08, 2021

Disney's Toy Story 4 daredevil not legally risky

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K & K Prods., Inc. v. Walt Disney Studios Motion Pictures, No. 2:20-CV-1753 JCM (NJK) (D. Nev. Sept. 23, 2021) Evel Knievel was a famo...

non-toxic plausibly means nonharmful, but harmfulness still needs adequate pleading

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Rivera v. S.C. Johnson & Son, Inc., 2021 WL 4392300, No. 20-CV-3588 (RA) (S.D.N.Y. Sept. 24, 2021) Plaintiffs alleged that S.C. Johnso...

NY can still seek disgorgement even if FTC can't

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Federal Trade Comm’n v. Vyera Pharms., LLC, 2021 WL 4392481, No. 20cv00706 (DLC) (S.D.N.Y. Sept. 24, 2021) Featuring Martin Shkreli as a d...

Bad reviews as evidence of actual knowledge of defects

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Partida v. Tristar Prods., Inc., 2021 WL 4352374, No. EDCV 20-436 JGB (KKx) (C.D. Cal. Aug. 5, 2021) This is a putative consumer class act...
Thursday, October 07, 2021

Ice Cube's case against Robinhood melts again

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Jackson v. Robinhood Markets, Inc., No. 21-cv-02304-LB (N.D. Cal. Sept. 20, 2021) Previously , the court dismissed Ice Cube’s ROP and fals...

grudge litigation over warranties with no harm leads to fee award

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Grundman v. Tranik Enters., Inc., 2021 WL 565813, 2d Civil No. B297024 (Cal. Ct. App. Feb. 16, 2021) “This appeal concerns the sale of fou...

competitor succeeds in enjoining sale of competing but non-FDA-cleared medical devices

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Telebrands Corp. v. Vindex Solutions LLC, 2021 WL 534361, No. 21-cv-00898-BLF (N.D. Cal. Feb. 12, 2021) Telebrands sells stuff, including ...

survey evidence disregarded in another vanilla case

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Twohig v. Shop-Rite Supermarkets, Inc., 2021 WL 518021, No. 20-CV-763 (CS) (S.D.N.Y. Feb. 11, 2021) ShopRite sells organic vanilla soymilk...
Wednesday, October 06, 2021

False endorsement remains broader than many state ROP laws

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Walkowicz v. American Girl Brands, LLC, 2021 WL 510729, No. 20-cv-374-jdp (W.D. Wis. Feb. 11, 2021) Lucianne Walkowicz “has achieved a m...

accusing a home inspectors' group of link with NAMBLA isn't believable enough for defamation

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Examination Board of Professional Home Inspectors v. International Association of Certified Home Inspectors, 2021 WL 492482, No 18-cv-01559-...

no cognizable harm where statutorily required info was provided though not by the required party

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Baker v. Yamaha Motor Corp., USA, 2021 WL 388451, E072089 (Cal. Ct. App. Feb. 4, 2021) Baker sued Yamaha, alleging that its failure to fur...

false advertising claim fails, in part because of stringent antitrust rules

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In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., MDL No. 2785, No. 17-md-2785-DDC-TJJ (D. Kan. D...
Tuesday, October 05, 2021

"advertising injury" insurance exclusion doesn't exclude false advertising claims

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Luxottica, Inc. v. Allianz Global Risks US Ins. Co., 2021 WL 4226197, No. 1:20-cv-698 (S.D. Ohio Jul. 28, 2021) Mostly this case is about ...

No organizational standing from mere conflict with consumer protection mission

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In Defense of Animals v. Sanderson Farms, Inc., 2021 WL 4243391, No. 20-cv-05293-RS (N.D. Cal. Sept. 17, 2021) Let’s play the fun game “wh...