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However, as section 17500 is cross referenced in section 17200, and as virtually all false advertising claims are litigated simultaneously with UCL claims, the limitations period for "false advertising claims is effectively four-years." [43] Judges can use their equitable powers to dismiss a UCL claim or deny injunctive relief. [44]
However, in the one aspect of the decision that was favorable to the appellees, the Court also ruled that states could not impose a strict liability standard for defamation (i.e., plaintiffs had to be able to show fault of some kind) and that juries could not be allowed to award punitive damages, such as the $50,000 Gertz had received, absent ...
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]
A California jury ruled Walmart defamed a driver with false claims of workers' compensation fraud. ... more than $34 million in damages. ... should receive $25 million in punitive damages and $9.7 ...
A defamation trial against Newsmax Media kicks off on Thursday over allegations the conservative outlet damaged Smartmatic by broadcasting false claims that the voting machine company helped steal ...
In Australia, punitive damages are not available for breach of contract, [5] but are possible for tort cases.. The law is less settled regarding equitable wrongs. In Harris v Digital Pulse Pty Ltd, [6] the defendant employees knowingly breached contractual and fiduciary duties to their employer by diverting business to themselves and misusing its confidential information.
A San Bernardino County jury this week ordered Walmart to pay driver Jesus "Jesse" Fonseca $25 million in punitive damages, plus $9.7 million for future non-economic losses including enjoyment of ...
False advertising is the act of ... "For a claim to be considered a cause of action to recover damages pursuant to General Business Law § 349 has three elements ...