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6 Oct 2016, 7:51 am
In their complaint, the plaintiffs alleged that Valve’s online marketplace (“Steam”) fostered an environment for unlawful gambling directed towards teenaged children. [read post]
20 Jun 2023, 8:01 am
Approximately 1 percent of Early Defense product sales are direct to consumers and 99 percent are to eyecare physicians. [read post]
2 Jan 2013, 1:21 pm
As recalled by the court, a false advertising claim under §43(a) has five elements: (1) a false statement of fact by the defendant in a commercial advertisement about its own or another’s product; (2) the statement actually deceived or has the tendency to deceive a substantial segment of its audience; (3) the deception is material, in that it is likely to influence the purchasing decision; (4) the defendant caused the false statement to enter… [read post]
1 Oct 2010, 9:26 am
So we suppose it's appropriate to close the week on the same note, responding to criticism from a different plaintiff-side blog directed at another of our posts. [read post]
3 Apr 2012, 5:59 am
“Although the comments also encourage readers to purchase other products, there are no allegations that any actual customers were swayed by Barnes' comments or that anyone contacted Hoffman directly in Illinois. [read post]
13 Jan 2023, 7:35 am
An amended complaint would have to allege “how Defendants advertised their vehicle wraps such that they intended to pass off their wraps as Plaintiff’s. [read post]
18 Sep 2013, 6:58 am
The plan also provides for payment of a $10.00 voucher to customers who file for a direct claim. [read post]
22 Mar 2023, 11:29 am
Sales representatives are told to purchase the guide, “learn it, refer to it in making sales, and ... pitch the guide to end consumers. [read post]
9 Nov 2007, 4:28 pm
The matter was ordered remanded with directions to enter an order certifying the class. [read post]
16 Mar 2023, 8:31 am
And they ultimately disclosed all fees to consumers before any purchase was completed. [read post]
8 Oct 2008, 12:08 pm
” The Court found it notable that plaintiff “is a foreign consumer that made its purchases entirely outside of the United States” and that it “has recourse under its own country's antitrust laws. [read post]
10 Jul 2013, 1:47 pm
To actually convert them to higher capacity, one must purchase additional equipment or permanently alter their operation mechanically. [read post]
21 May 2012, 11:22 am
Plaintiffs’ original motion sought class certification for all persons from whom IKEA has requested a ZIP code in conjunction with a credit card transaction in California since February 16, 2010. [read post]
27 Aug 2017, 10:01 pm
Pay-for-delay Listen up, direct purchasers of pharmaceuticals. [read post]
27 Aug 2017, 10:01 pm
Pay-for-delay Listen up, direct purchasers of pharmaceuticals. [read post]
14 Oct 2014, 5:51 am
This is a Henley Shirt.Under § 43(a), a plaintiff must prove:(1) a false statement of fact by the defendant in a commercial advertisement about its own or another’s product; (2) the statement actually deceived or has the tendency to deceive a substantial segment of its audience;(3) the deception is material, in that it is likely to influence the purchasing decision; (4) the defendant caused its false statement to enter interstate commerce; and (5) the plaintiff… [read post]
29 May 2012, 3:00 am
"The essential issue presented," he wrote, "is whether Zacharakos breached a fiduciary duty to plaintiff, as a shareholder of Jarc, as the managing agent of Jarc, or as president of Jarc, when plaintiff was denied the opportunity to purchase one-third of the Kristiansen shares" [footnote omitted]. [read post]
9 Aug 2021, 2:23 pm
That was enough for direct liability. [read post]
9 May 2012, 12:48 pm
He directed them to submit the information by May 10, 2012. [read post]
16 Jul 2012, 3:48 pm
The case involved a plaintiff who purchased two infra-red portable heaters from Home Depot, manufactured by Enerco and Mr. [read post]
