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California Consumers Have Standing to Sue When Merchandise Is Falsely Advertised as “On Sale”

The Ninth Circuit has held that allegations a consumer was misled into purchasing merchandise based on false advertising that the items had been marked down from a fictitious “original” price are sufficient to confer standing...more

5/29/2013 - Advertising False Advertising Misrepresentation Unfair Competition Unfair Pricing

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

4/25/2013 - Arbitration Arbitration Agreements Class Action Federal Arbitration Act Injunctions Preemption Student Loans Unfair Competition

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