Carl Mazurek
Subscribe to all posts by Carl Mazurek
Can an en banc decision of a federal appellate court be controversial even when every single active judge of that court agrees with the outcome? The answer is emphatically yes, as confirmed by the Ninth Circuit’s January 31, 2019 en banc decision in American Beverage Ass’n et al. v. City & County of San Francisco, … Continue Reading
A federal court in the Eastern District of New York recently dismissed a putative class action filed against Dunkin’ Brands alleging deceptive advertising with respect to its Angus Steak & Egg Breakfast Sandwich and Angus Steak & Egg Wake-Up Wrap. Judge Carolyn Amon dismissed the claims by out-of-state plaintiffs on jurisdictional grounds, and found the … Continue Reading
The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale with a higher price advertised as a former price, or as the supposed market value, of that item. Chowning v. Kohl’s Dep’t Stores, 2018 WL … Continue Reading
Earlier this month, Judge William H. Pauley III in the Southern District of New York stayed a lawsuit against the snack bar maker KIND LLC, styled as a class action, alleging that KIND falsely marketed its products as “all natural” and “non-GMO.” In re KIND LLC “Healthy & All Natural” Litigation, 2018 WL 1156009 (S.D.N.Y. … Continue Reading
On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with Sling’s introduction of advertisements into its television streaming service. In a summary order, the panel affirmed the district court’s holding that the complaint and proposed … Continue Reading
San Francisco City Ordinance Takes a Hard Hit in Ninth Circuit Soft Drink Lawsuit
By Lawrence Weinstein, Carl Mazurek and Monique Curry on Posted in First Amendment, Regulatory
EDNY Sticks a Fork in Angus Steak Sandwich Class Action Complaint
By Alexander Kaplan, Daniel Werb and Carl Mazurek on Posted in Class Actions
Ninth Circuit Puts Restitution Claims to Rest in Discount Advertising Case
By Lawrence Weinstein, Daniel Werb and Carl Mazurek on Posted in Deceptive Trade Practices, Labeling Claims
Snack Bar Class Action is KIND-ly Stayed Pending USDA Regulation on Bioengineered Food
By Lawrence Weinstein, Jeff Warshafsky and Carl Mazurek on Posted in Class Actions, Primary Jurisdiction/Preemption, Regulatory
Second Circuit Dismisses Claims of Would-Be Ad-Blockers
By Alexander Kaplan, Daniel Werb and Carl Mazurek on Posted in Class Actions, Deceptive Trade Practices
