9 results for 'cat:"Unfair Competition" AND cat:"False Advertising"'.
J. Curiel awards class counsel $246,000 in attorney fees following the settlement of the customers' class action accusing The Children's Place of falsely advertising that its items were discounted when they were not. Although the amount represents 42% of the settlement's redeemed coupon value, this is appropriate due to the 2,000 hours counsel put in and the fact that The Children's Place agreed not to contest a fee award as high as $1.08 million. This is not a windfall for class counsel.
Court: USDC Southern District of California, Judge: Curiel, Filed On: April 30, 2024, Case #: 3:16cv370, NOS: Other Fraud - Torts - Personal Property, Categories: unfair Competition, Attorney Fees, false Advertising
J. Kugler allows plaintiffs to continue certain claims contending that in-vehicle infotainment systems failed to provide "seamless navigation" or "extra safety" as advertised. The drivers hail from six different states, and choice-of-venue determinations could directly impact the certifiability of the proposed class action. Meanwhile, plaintiffs sufficiently alleged under state law that they had been sold defective software systems without their knowledge.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 26, 2024, Case #: 1:23cv1897, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: unfair Competition, Choice Of Law, false Advertising
J. Do holds that the trial court must revisit one element of the $22 million penalty award against an online university that made false and misleading statements to prospective students. The award included penalty count violations that are time-barred by the statute of limitations, so the award is reduced by $933,000. Affirmed as modified.
Court: California Courts Of Appeal, Judge: Do, Filed On: March 8, 2024, Case #: D080671, Categories: unfair Competition, Damages, false Advertising
J. Sammartino dismisses intentional misrepresentation claims accusing the American Association of Blood Banks, which develops and enforces standards for DNA paternity testing, of permitting "lookalike" tests that allow laboratories to issue false DNA results. The man claims that one such test falsely indicated that he is the father of a third-party's child, but he fails to show a risk of future harm because he has not alleged that he will purchase or might submit to another test stamped by the organization.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: February 9, 2024, Case #: 3:23cv1160, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, unfair Competition, false Advertising
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J. Davila allows some false advertising claims to proceed against Nurture, the company behind the Happy Baby line of baby food products, that allege the products are marketed as being good for young children but in fact are harmful for kids under two years old. It's plausible some of the nutrient content claims on the packing run afoul of FDA regulations, so unjust enrichment claims can move forward.
Court: USDC Northern District of California, Judge: Davila, Filed On: September 29, 2023, Case #: 5:21cv8566, NOS: Other Fraud - Torts - Personal Property, Categories: unfair Competition, Consumer Law, false Advertising