LexisNexis® Legal Newsroom
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...

Norton Rose Fulbright: Breadth Of Primary Jurisdiction Expanded In Class Actions

By Matthew Gurvitz The doctrine of primary jurisdiction gained ground in false advertising litigation, as Judge Sammartino of the Southern District of California dismissed a putative class action against Kashi Company because FDA signaled that it was reevaluating draft guidance that served as a partial...

Norton Rose Fulbright: 1 Plaintiff Not Enough to Prove Advertising Likely to Deceive Reasonable Consumers

By Matthew Gurvitz It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations are misleading (even though they might...

J.C. Penney Pays $50 Million To Settle California False Advertising Class Action

J.C. Penney Corporation Inc. allegedly engaged in a false price comparison advertising scheme by advertising "sale" prices substantially lower than "original" or "regular" prices for apparel and accessories using false regular and original prices. In an action initiated...