Alexander Kaplan
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While California historically has a reputation as the most plaintiff-friendly forum for alleged consumer class action deceptive advertising cases, Florida is emerging as stiff competition for the title after a recent trio of orders denying motions to dismiss consumer fraud actions emerged out of the United States District Court for the Southern District of Florida. … Continue Reading
Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that a plaintiff cannot rely on a presumption of irreparable harm in seeking preliminary injunctive relief under the Lanham Act. In Ferring … Continue Reading
On July 29, the Second Circuit clarified its view that, in a two-player market, willfully deceptive advertising – even non-comparative advertising – creates a legal presumption of consumer confusion and injury, applicable to determination of both liability and damages. This emphatic opinion makes plain the peril that follows a finding that defendant willfully engaged in … Continue Reading
On July 2, 2014 Judge Vince Chhabria dismissed a class action alleging that Hain Celestial Group, a manufacturer of “raw” juices, misleadingly labelled and advertised its wares. This dismissal is noteworthy – and should stand as a cautionary tale – because the class plaintiffs eviscerated their own claims and pleaded themselves out of court by … Continue Reading
On April 22, 2014, the Plaintiff in Poertner v. Gillette Co. moved for final approval of settlement and for attorneys’ fees and costs. The settlement, reached in September 2013, would bring to an end two class actions against Gillette – one in California and one in Florida. The settlement class is comprised of over 7 … Continue Reading
It appears that California’s consumer-friendly Unfair Competition Law, Cal. Bus & Prof. Code §17200 et seq. (“UCL”), encompasses claims made regarding website privacy policies. In In re LinkedIn User Privacy Litigation, No. 5:12-cv-0388-EJD, a Northern District of California court denied LinkedIn’s motion to dismiss a putative class action concerning LinkedIn’s allegedly misleading privacy policy statement … Continue Reading
Consumer Class Actions Brewing in Florida as Federal Courts Deny a Series of Motions to Dismiss
By Jennifer L. Jones, Jennifer Yang, Lawrence Weinstein and Alexander Kaplan on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Third Circuit Rejects Presumption of Irreparable Harm for Injunctive Relief under Lanham Act
By Alexander Kaplan on Posted in Injunctions, Lanham Act
What a Tangled Web We Weave, When First We Practice to Deceive: Second Circuit Holds that “Deliberate Deception” Creates Legal Presumption of Consumer Confusion and Injury in a Two-Player Market
By John Browning and Alexander Kaplan on Posted in Deceptive Trade Practices, Labeling Claims, Lanham Act
Cracking Under Pressure: “Raw” Juice Class Action down the Drain after Plaintiffs Cite Articles that Squeeze the Life out of their Complaint
By John Browning and Alexander Kaplan on Posted in Class Actions, Labeling Claims, Lanham Act
End of Battery Class Actions Almost in Sight
By Joelle Milov and Alexander Kaplan on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
LinkedIn Consumer Class Action Survives Motion to Dismiss
By Benjamin Rattner and Alexander Kaplan on Posted in Class Actions, Deceptive Trade Practices, Social Media
