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Attorney's Fees False Advertising

Dorsey & Whitney LLP

Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink...

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Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more

Perkins Coie

Weekly Notable Ruling Roundup - July 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Alexis Slaten v. Christian Dior, Inc., No. 23-cv-00409-JSC (N.D. Cal. – May 12, 2023): The...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023 - 2

Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more

McGlinchey Stafford

Can I Settle for Injunctive Relief in a Class Action? - McGlinchey Commercial Law Bulletin - April 20, 2023

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The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more

ArentFox Schiff

Ye vs. The People: Kanye West’s Yeezy Ordered To Pay $950k for Late Shipping

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The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of...more

Ervin Cohen & Jessup LLP

Ninth Circuit Rejects Proposed False Advertising Settlement Agreement Seeking Disproportionate Attorneys’ Fees

Earlier this month, the Ninth Circuit reversed approval of a class action settlement, finding several indications that the proposed settlement was the result of collusion between the parties and did not adequately serve the...more

Ervin Cohen & Jessup LLP

Plaintiffs Look To Finalize $13 Million Settlement In Added Sugar Consumer Class Action

Parties in an added-sugar class action pending in the Northern District of California are taking another shot at obtaining preliminary approval of a settlement reached between the parties. The case, Stephen Hadley et al. v....more

Fox Rothschild LLP

Judge Noreika Denies Defendants’ Motion for Attorneys’ Fees In Alleged Patent Infringement Action

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By Memorandum Opinion entered by The Honorable Maryellen Noreika in Mixing & Mass Transfer Technologies, LLC v. SPX Corporation et al., Civil Action No. 19-529-MN (D.Del. November 4, 2020), the Court denied the SPX...more

Hudson Cook, LLP

How Not to Handle a Crisis: FTC Sues Marketer for Deceptive COVID Stimulus Mailers

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In April, we wrote about the Georgia Attorney General's Office's warnings against deceptive advertising related to COVID-19 stimulus payments. In its guidance, the AG noted the possibility that representations implying that a...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l May 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - AAFCO Issues Guidelines on Hemp in Animal Food - The Association of American Feed Control Officials (AAFCO) has issued guidelines on the 2018 Farm Bill and its removal of hemp from...more

Knobbe Martens

A Different Shade of Gray: The Scope and Limits of Gray Market Goods and Recent Developments in the Cosmetics Space

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Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more

Hogan Lovells

U.S. – Attorney’s fee awards in Lanham Act cases: An “exceptional” outcome

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Verisign, Inc. v. XYZ.COM, LLC, No. 17-1704, WL 2018 WL 2407644 (4th Cir. May 29, 2018) - In this recent decision, the Fourth Circuit Court of Appeals clarified the requisite showing for obtaining an award of attorney fees...more

Manatt, Phelps & Phillips, LLP

Fourth Circuit Sets Standard for Lanham Act Attorney Fees

The U.S. Court of Appeals for the Fourth Circuit has ruled that a prevailing party is entitled to attorney fees only if it convinces the court by a preponderance of the evidence that the case was “exceptional.”...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

Robinson+Cole Data Privacy + Security Insider

Judge Approves LifeLock’s $68M Proposed Settlement with Class and $10.2M with Lawyers

On Tuesday, September 20, 2016, a federal judge in California granted approval of the $68 million settlement between LifeLock and a class of plaintiffs that alleged it made false statements about the services it provides to...more

Morrison & Foerster LLP - Class Dismissed

Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class...

District Court Judge Gonzalo Curiel recently considered and rejected—for the second time—a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer. Hofmann v. Dutch, LLC,...more

Carlton Fields

Food for Thought: Federal Court Says Subway's Sandwiches Must Measure Up

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A federal court judge from the Eastern District of Wisconsin gave preliminary approval to a settlement of the consumer class action lawsuit alleging that Subway deceptively and fraudulently advertised and sold “six-inch and...more

McGuireWoods LLP

Draft Kings Class Action Argues Data Leak Revealed “Insider Trading” – But Can Case Survive Arbitration Clause?

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Draft Kings and Fan Duel, competing daily fantasy sports (DFS) sites, have been vying for attention by flooding the airwaves with a reported 60,000 commercials this year. However, a recent data leak has resulted in less...more

Zelle  LLP

Competitors Push Back With False Advertising Laws

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In a time when the “disruptive” label is far from viewed as pejorative and, in fact, deemed essential for many new business models, existing market participants looking to fight back are turning to powerful federal and state...more

Proskauer - Advertising Law

Beer-Maker Puts an End to Brewhaha: Anheuser Busch Agrees to Settle Second of Two Class Action Lawsuits over Beer Origin...

Anheuser Busch recently agreed to settle a consumer class action over Beck’s Beer labeling that we previously reported on with regard to the uptick in consumer class actions proceeding past the pleading stage in the Southern...more

Carlton Fields

Seventh Circuit Rejects Another Settlement With Disproportionate Attorney Fees Compared to Class Member Benefits

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The Seventh Circuit Court of Appeals rejected a class action settlement because class counsel would have received generous attorney fees for conferring only meager benefits to the class. Writing for the Court, just as he did...more

Perkins Coie

Food Litigation Newsletter - March 2014 (2)

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In This Issue: - Recent Significant Developments and Rulings ..Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case ..Voluntary Dismissal in Bumble Bee Class Action - New Filings ...more

Perkins Coie

Food Litigation Newsletter - July 9, 2013

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In This Issue: - Recent Significant Developments and Rulings ..Court Cites “Catalyst” Theory to Award Attorneys’ Fees for Label Changes ..Class Settlement Preliminarily Approved in Barbara’s Bakery “All Natural”...more

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