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Punitive damages are entirely unavailable under any circumstances in a few jurisdictions, including Nebraska, Puerto Rico, and Washington. The general rule is that punitive damages cannot be awarded for breach of contract, but if an independent tort is committed in a contractual setting, punitive damages can be awarded for the tort. [25]
Most false advertising litigation involves definitions four and five listed above because they both specifically prohibit false advertising. [22] To prove a violation under the fourth definition of unfair competition, the plaintiff must show that (1) the defendant engaged in unfair, deceptive, untrue or misleading advertising and (2) the ...
False advertising is the act of publishing, transmitting, distributing, or otherwise publicly circulating an advertisement containing a false claim, or statement, made intentionally (or recklessly) to promote the sale of property, goods, or services. [3]
The FTC accused the retailers of advertising rayon products such as dresses, socks, t-shirts, bath rugs, napkins and pillow shams as containing bamboo, despite having received warning letters from ...
Taco Bell has been sued for false advertising over the amount of filling in its Mexican Pizzas and Crunchwraps.. In the lawsuit, the plaintiff, Frank Siragusa, accused Taco Bell of “unfair and ...
The New Jersey Supreme Court handed a victory to both the plaintiffs and advocates of truth in advertising this week when it ruled that lawsuits against the maker of dietary supplement Relacore ...
Punitive damages (sums intended to punish the defendant) may be awarded in addition to actual damages intended to compensate the plaintiff. Punitive damage awards generally require a higher showing than mere negligence, but lower than intention. For instance, grossly negligent, reckless, or outrageous conduct may be grounds for an award of ...
The California Consumers Legal Remedies Act ("CLRA") is the name for California Civil Code §§ 1750 et seq. [1] The CLRA declares unlawful several "methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer". [2]