Dish Network Sues DirecTV For False Advertising

(AP) Dish Network is suing DirecTV for false advertising over commercials touting its high-definition channels. In a lawsuit filed in a New York federal court Monday, Dish says DirecTV's ads claim a misleading number of HD channels at a price that doesn't include any HD. Dish says DirecTV...

Ansel Adams Trust Sues Over Garage Sale Negatives

SAN JOSE, Calif. - (AP) A group representing Ansel Adams sued a California man for selling prints and posters under the name of the famed nature photographer, the latest salvo in a dispute over glass negatives bought at a garage sale and purported to be Adams' lost work. The lawsuit, filed Monday...

'Tax Lady' Roni Deutch Says Lawsuit Is Political

SACRAMENTO, Calif. - (AP) "Tax Lady" Roni Deutch says California Attorney General Jerry Brown is engaging in election year politics by filing a lawsuit accusing her law firm of false advertising and misleading consumers. Deutch said in a statement Tuesday that she will fight the $34 million...

Minnesota Panel Lets Marlboro Lights Class Action Proceed

MINNEAPOLIS - (Mealey's) A lawsuit alleging that Philip Morris USA used deceptive trade practices and false advertising to market its Marlboro Lights cigarettes may proceed in Minnesota as a class action, the state Court of Appeals ruled Dec. 28, reversing in part a lower court's dismissal of...

Hot Dog Maker Gets Steamed At Competitor, Sues Him

CHICAGO - (AP) This is a dog fight Chicago will relish. Vienna Beef, one of the world's most famous hot dog makers, is suing the owner of a rival hot dog company, accusing him of either stealing Vienna's 118-year-old recipe or lying to customers by claiming that he's using it. Full version...

Stradling Adds Prominent Southern California IP Litigator As Shareholder

SAN DIEGO - Alexandra ("Alex") Mahaney, an IP litigation shareholder, has joined Stradling Yocca Carlson & Rauth as a shareholder, in its San Diego office and as a member of Stradling's Intellectual Property Litigation Practice Group. Mahaney was formerly a partner at the San Diego...

DLA Piper Class Action Alert - Frosted Settlement: 9th Circuit Rejects Improper Cy Pres Award, Excessive Attorneys' Fees

By Anahit Tagvoryan, Joshua Briones and Anthony Portelli In a recent decision, the Ninth Circuit refused to approve a $10.6 million settlement in a class action accusing Kellogg Co. of falsely advertising the benefits of its Frosted Mini-Wheats cereal [ Dennis v. Kellogg Co. , No. 11-55674, 9 th Cir...

William A. Ruskin: Koch Rattles Wine Auction World: GBL § 350 'Game Changer'

By William A. Ruskin To successfully assert a claim under New York General Business Law § 349 (h) or § 350, "a plaintiff must allege that a defendant has engaged in (1) consumer-oriented conduct that is (2) materially misleading and that (3) plaintiff suffered injury as a result of...

Supreme Court Grants Certiorari In Dispute Over Lanham Act Standing

WASHINGTON, D.C. - (Mealey's) The question of which analytic framework applies when assessing prudential standing in Lanham Act false advertising cases will be taken up by the U.S. Supreme Court, which granted certiorari June 3 in a longstanding dispute over toner cartridges ( Lexmark International...

California Supreme Court Holds That Unfair Competition Law Can Include Insurance Claims

SAN FRANCISCO — (Mealey’s) The California Supreme Court said Aug. 1 that an insurance policyholder can bring bad faith and false advertising claims against her insurance company under the state’s unfair competition law (UCL; Business and Professions Code Section 17200, et seq. ) and...