Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: Jury Verdict

Ninth Circuit Clarifies Standing Requirements for Damages Classes

By Lawrence Weinstein, Baldassare Vinti and Carl Mazurek on Posted in Class Actions
In a decision that will have repercussions for consumer false advertising lawsuits, a Ninth Circuit panel recently ruled in a Fair Credit Reporting Act (“FCRA”) case that all class members must have standing at the trial stage of a class action for monetary damages. Ramirez v. TransUnion, LLC, 951 F.3d 1008 (9th Cir. 2020).… Continue Reading

$15 Million False Ad Verdict Boosts Damages In Probiotic IP Dispute

By Lawrence Weinstein, Daniel Werb and Russell Kostelak on Posted in Lanham Act
On November 20, 2018, a years-long dispute before Judge Theodore Chuang in the District of Maryland over probiotics culminated in a gut-wrenching $18 million jury verdict against defendant pharmaceutical companies.  The case is De Simone v. VSL Pharmaceuticals, Inc. et al., No. 8:15-cv-01356. The dispute involved numerous claims and counterclaims, including both a claim and a … Continue Reading

Ninth Circuit Affirms Jury Verdict In Favor of Homeopathic Remedy for Flu-Like Symptoms

By Lawrence Weinstein and Tiffany Woo on Posted in Class Actions
On November 8, 2018, the Ninth Circuit affirmed a jury verdict in a consumer class action deceptive advertising case in favor of Defendants Boiron Inc. and Boiron USA, Inc. (together, “Boiron”), the sellers of a homeopathic treatment for flu-like symptoms called Oscillococcinum (“Oscillo”).  Although the Ninth Circuit’s memorandum decision is marked “Not for Publication” and … Continue Reading

New Trial Ordered Where Jury’s Verdict Didn’t “Gel”

By Lawrence Weinstein, Daniel Werb and Russell Kostelak on Posted in Deceptive Trade Practices
Last summer, we reported on a bizarre verdict in which an Illinois jury levied a $150 million punitive damages award against AbbVie, Inc., the drug company behind AndroGel, without awarding any compensatory damages.  As predicted, the punitive damages award was recently vacated.  Finding that the jury’s findings were “logically incompatible,” the Court vacated the punitive … Continue Reading

Jury Tests the Limits in AndroGel False Ad Verdict

By Lawrence Weinstein, Daniel Werb and Russell Kostelak on Posted in Deceptive Trade Practices
In late July, an Illinois jury came to a bizarre verdict in a case over an alleged link between heart attacks and AndroGel, a gel product used for treating low testosterone (or “low T”). The jury found that AbbVie, Inc., the drug company behind AndroGel, although not strictly liable or negligent in allegedly causing a … Continue Reading
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