Posts tagged with: "misleading+or+deceptive+conduct"
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11 Oct 2021, 4:06 am
Alan Rosca and the team of securities lawyers at the Goldman Scarlato & Penny PC law firm are investigating conduct related to Chad Mackland’s criminal charges that are allegedly related to his bar by FINRA, Iowa Insurance Commissioner and the Securities and Exchange Commission (“SEC”). [read post]
11 Oct 2021, 4:06 am
Alan Rosca and the team of securities lawyers at the Goldman Scarlato & Penny PC law firm are investigating conduct related to Chad Mackland’s criminal charges that are allegedly related to his bar by FINRA, Iowa Insurance Commissioner and the Securities and Exchange Commission (“SEC”). [read post]
11 Oct 2021, 4:06 am
Alan Rosca and the team of securities lawyers at the Goldman Scarlato & Penny PC law firm are investigating conduct related to Chad Mackland’s criminal charges that are allegedly related to his bar by FINRA, Iowa Insurance Commissioner and the Securities and Exchange Commission (“SEC”). [read post]
8 Oct 2021, 8:06 am
Plaintiffs need not always provide an expert to conduct sophisticated chemical analysis before bringing suit. [read post]
7 Oct 2021, 6:37 am
This conduct violates SEC rules for manipulative and deceptive practices (Rule 10b-5). [read post]
4 Oct 2021, 12:32 pm
Yes, sometimes, where the conduct was egregious. [read post]
21 Sep 2021, 10:09 am
“The use of deception to induce a consumer to buy a product is precisely the kind of conduct the legislature sought to prohibit with GBL § 349. [read post]
13 Sep 2021, 7:15 am
Lanham Act claim: Lexmark standing existed, but deception wasn’t plausibly pled. [read post]
6 Sep 2021, 8:07 am
Every year after Labor Day, I take a step back and survey the most important current trends and developments in the world of Directors’ and Officers’ liability and insurance. [read post]
In the Dog Days of Summer, Prescription Pet Food Conspiracy Case Beats a Motion to Dismiss in Kansas
2 Sep 2021, 11:19 am
In doing so, they “entered into a trust and contract, combination or conspiracy in restraint of trade or commerce in Kansas to fix, raise, stabilize … prices for Prescription Pet Food by … conspiring to misrepresent and market and sell Prescription Pet Food through a knowingly deceptive, misleading, and self-imposed prescription requirement having no legal basis or mandate. [read post]
2 Sep 2021, 10:11 am
“[A]n expert who offers testimony on the question of whether a reasonable consumer is likely to be deceived by an allegedly misleading statement, or whether a reasonable consumer would find such a statement to be material, is not required to conduct a consumer survey if his or her testimony is otherwise reliable. [read post]
1 Sep 2021, 10:09 am
I will focus on the court’s holding that the commonwealth of Pennsylvania failed to make specific allegations of deceptive and misleading conduct that are actionable under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). [read post]
1 Sep 2021, 10:06 am
“[A]ntitrust law requires a plaintiff to specifically explain which effect of a defendant’s conduct makes the conduct [read post]
31 Aug 2021, 10:00 am
” CC then contended that references to Oregon or its coast were too unspecific to mislead. [read post]
20 Aug 2021, 11:30 am
This also knocked out state-law deceptive practices claims and tortious interference claims based on the alleged misrepresentations. [read post]
19 Aug 2021, 8:06 am
“Where the allegedly deceptive communication is made directly to consumers, it is self-explanatory that the conduct is ‘consumer-oriented,’ and thus no further showing on this element is required. [read post]
18 Aug 2021, 6:09 am
Indeed, it was plausible that this was egregious conduct, since “the record does not suggest that such deception is common in the industry. [read post]
17 Aug 2021, 5:09 pm
" [It also claims] that Doe engaged in the unauthorized use "of the ASU Marks, school colors trade dress, and other false or misleading descriptions and/or representations of fact" when creating posts and messages on the "asu_covid.parties" and, in doing so, "likely … cause[d] confusion, … mistake, or [deception] as to the affiliation, connection, or association of the 'asu_covid.parties' account with ASU, or as to the origin,… [read post]
16 Aug 2021, 10:44 am
” Though, as the Seventh Circuit has held, “[d]eceptive advertisements often intentionally use ambiguity to mislead consumers while maintaining some level of deniability about the intended meaning[,]” as with the “100% Grated Parmesan” full of non-cheese, there was nothing like such conduct here. [read post]
12 Aug 2021, 11:51 am
Under Lexmark, economic or reputational injury flowing directly from deception “occurs when deception of consumers causes them to withhold trade from the plaintiff. [read post]
