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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 ...
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]
In October 1997, a federal jury returned a verdict against Cooper Industries on the false advertising, imitation, and unfair competition claims and assessed damages. It awarded Leatherman Tool Group $50,000.00 in compensatory damages and $4.5 Million in punitive damages.
Wendy’s and McDonald’s have emerged victorious from a lawsuit that accused the fast food chains of false advertising.. A federal judge dismissed a lawsuit brought against the two companies ...
Lighter Side. Medicare. new
The law protects consumers by banning unfair or deceptive advertising and business practices. ... Courts may also award punitive damages to punish and make an example of the company.
Punitive damages: Majority: Stevens: Because a jury's punitive damage award is "an expression of moral condemnation" rather than a finding of fact, circuit courts should review de novo district courts' determinations regarding the constitutionality of those awards. TrafFix Devices, Inc. v. Marketing Displays, Inc. 532 U.S. 23: 2001: 9–0 ...
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 ...