Posts tagged with: "misleading+or+deceptive+conduct" Results 541 - 560 of 1,906
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12 Aug 2021, 11:51 am by Rebecca Tushnet
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]
11 Feb 2019, 2:08 pm by Rebecca Tushnet
”  Although Monsanto’s advertising claims were submitted to the EPA as part of EPA registration procedures, “exemption is not available for statements that manage to be in technical compliance with federal regulations, but which are so misleading or deceptive in context that federal law itself might not regard them as adequate. [read post]
24 Aug 2010, 4:40 am by Sean Wajert
  Plaintiffs' main claim was for alleged deceptive acts or practices in the conduct of any business, trade or commerce under N.Y. [read post]
29 Nov 2014, 9:19 pm
Holding:The defendant proves inequitable conduct "by clear and convincing evidence that the patent applicant (1) misrepresented or omitted information material to patentability, and (2) did so with specific intent to mislead or deceive the PTO. [read post]
14 Aug 2012, 10:41 am by Steven Berk
The Stoker jury struggled with wanting to hold someone accountable for Citigroup’s deceptive actions in misleading investors for its own gain. [read post]
23 May 2019, 12:22 pm by Jeremy C. Sairsingh
Rather, the law prohibits student loan servicers from engaging in certain conduct, including, among other things, any of the following: Employing any scheme, device, or artifice to mislead a student loan borrower; Engaging in any unfair, abusive, or deceptive trade practice; or Knowingly misapplying or refusing to correct a misapplication of payments; or Failing to apply non-conforming payments as directed by the borrower. [read post]
1 Jul 2015, 7:03 am by James C. Freije and Joshua Davey
The alleged violations included deceptive claims and illegal threats utilized by SNAAC as the company conducted its business as an auto-finance company specializing in lending to members of the United States military. [read post]
19 Sep 2011, 7:13 am by Rebecca Tushnet
Consumer complaints are highly probative of whether a practice is deceptive, and the mere fact that some persons did not know they were deceived is not proof the acts are not deceptive. [read post]
12 Mar 2015, 1:42 pm by Stephen Bilkis
Fraud offenses always include some sort of false statement, misrepresentation, or deceitful conduct. [read post]
5 Mar 2018, 9:31 am by Elizabeth A. Patton
The FTC alleged that TA Sciences’ conduct violated section 5(a) of the Federal Trade Commission Act, which prohibits unfair or deceptive acts, thus allowing the FTC to bring suit to enjoin such conduct. [read post]
16 Jan 2014, 6:20 am
Practice Tip #3: In the Seventh Circuit, as with other federal circuits, "[A] court may find on its own that a statement is literally false, but, absent a literal falsehood, may find that a statement is impliedly misleading only if presented with evidence of actual consumer deception." [read post]
25 Mar 2024, 4:15 pm by Herrman & Herrman, P.L.L.C.
” (c) It is an exception to prosecution under Subsection (a) or (b) that the person’s conduct is authorized by the Texas Disciplinary Rules of Professional Conduct or any rule of court. [read post]
9 Nov 2018, 9:53 am by Kristen Marquis Dennis, Esq.
Some things do not change, however, and lawyers still cannot make false or misleading statements about themselves or their services. [read post]
25 Aug 2022, 10:13 am by Rebecca Tushnet
” A reasonable jury could find that Reckitt’s alleged false “safety story” campaign was plainly not competition on the merits, particuarly given that this wasn’t a stand-alone deception claim but part of conduct constituting an alleged illegal product hop, “an actionable scheme under the Sherman Act. [read post]
22 Feb 2019, 5:00 am by John Jascob
The language of Section 14(e) (e.g., "fraudulent," "deceptive," and "manipulative") is "unmistakably linked with intentional conduct," the brief contends, in contrast to concepts linked with a negligence regime, such as "reasonable care. [read post]
24 Jun 2022, 8:47 am by admin
Drip pricing has been one of the Competition Bureau’s deceptive marketing enforcement priorities, along with false or misleading performance claims, ordinary sale price claims and misleading testimonials/endorsements. [read post]
2 Aug 2010, 4:12 am
”ConnecticutConnecticut Attorney General, and senate hopeful, Richard Blumenthal has urged regulatory action by the Connecticut Insurance Department Commissioner Thomas Sullivan to “stop misleading and deceptive practices by life insurance providers that may have deprived families -- including military families -- of potential benefit income. [read post]
1 Aug 2011, 9:05 pm by Michael Atkins
Indeed, it found defendants’ conduct was so misleading to consumers that the district court erred in not awarding fees. [read post]
27 Jan 2023, 5:51 pm by David Klein
The FTC accused NutraClick of violating the FTC Act and ROSCA for conduct that occurred over the Internet. [read post]