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False Advertising CA Supreme Court

Foley & Lardner LLP

Even When Civil Penalties Are Sought, Unfair Competition and False Advertising Claims Remain Equitable and Will Not Be Tried by a...

Foley & Lardner LLP on

The California Supreme Court recently held that claims brought by the government for civil penalties under California’s unfair competition law (B&PC § 17200, et seq.) and false advertising law (B&PC § 17500, et seq.) are to...more

McGuireWoods LLP

No Right to Jury Trial for Unfair Competition or False Advertising Claims in California

McGuireWoods LLP on

Any party to an action under California Unfair Competition Law (UCL) or False Advertising Law (FAL) should beware of the California Supreme Court’s recent decision in Nationwide Biweekly Administration Inc. v. Superior Court...more

Weintraub Tobin

California Supreme Court Rules That There Is No Right To A Jury Trial For Claims Brought Under California’s Unfair Competition Law...

Weintraub Tobin on

As the State of California looks to plug a massive hole in its budget, the regulated community can expect agencies with the authority to generate revenue by imposing civil penalties to become even more active. Those sued for...more

ArentFox Schiff

California: No Right to Jury in Unfair Competition, False Advertising Cases

ArentFox Schiff on

Confirming decades of established precedent, the California Supreme Court recently concluded in Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County, that there is no right to a jury trial in Unfair...more

Epstein Becker & Green

Supreme Court of California Holds That Claims Under the UCL and FAL for Civil Penalties Do Not Guarantee a Jury Trial

Epstein Becker & Green on

On April 30, 2020, the California Supreme Court (“Court”) ruled that claims brought pursuant to California’s Unfair Competition Law (“UCL”) and the False Advertising Law (“FAL”) are not entitled to a jury trial....more

Morgan Lewis

California Supreme Court: No Right to Jury in Unfair Competition, False Advertising Cases

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In a case that has implications for anyone doing business in California, the California Supreme Court recently overturned an appellate court ruling that there was a right to a jury trial in actions for penalties and...more

Perkins Coie

Notable Ruling: No Jury for False Advertising and UCL Suits, California Supreme Court Rules

Perkins Coie on

California courts remain a top forum for food litigation matters. So many matters are heard in the Northern District of California that it has gained a reputation as the “Food Court.” Now, the California Supreme Court has...more

Morrison & Foerster LLP - Class Dismissed

California Supreme Court: Civil Penalty Claims Brought By Government Under UCl And FAL Should Be Determined By Court—Not Jury

The California Supreme Court has confirmed that claims for civil penalties brought by government entities under California’s Unfair Competition Law (“UCL”) and False Advertising Law (“FAL”) should be decided by a judge—not a...more

Haight Brown & Bonesteel LLP

California Supreme Court Confirms Equitable Remedies Under UCL and FAL Causes of Action Are Tried by the Court, Not the Jury

Yesterday, the California Supreme Court issued an opinion in Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County (S250047, April 30, 2020) (“Nationwide”) resolving the conflict in the Court of Appeal...more

Proskauer - Advertising Law

YouTube Schools PragerU on Lanham Act in Censorship Case

The Ninth Circuit recently affirmed the district court’s dismissal of an action brought against YouTube and Google by a non-profit educational and media organization alleging a violation of the First Amendment and false...more

Payne & Fears

Key California Employment Law Cases: February 2019

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This month’s key California employment law cases involve reporting time pay and potential liability of payroll companies for wage and hour violations. ...more

Ballard Spahr LLP

California Supreme Court Poised to Provide Guidance on Ascertainability in Class Actions

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On May 8, 2019, the California Supreme Court will hear oral argument regarding an important issue involving class certification in California state courts: how to apply the requirement of ascertainability in the class...more

Payne & Fears

California Supreme Court Limits Liability for Payroll Service Providers

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On February 7, 2019, the California Supreme Court unanimously held in Goonewardene v. ADP, Inc., S238941 that a payroll service provider cannot be held liable for errors it makes in issuing paychecks to workers of companies...more

Beveridge & Diamond PC

California Supreme Court Allows Unfair Competition and False Advertising Claims Against Employer Arising From Workplace Accident

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A recent California Supreme Court decision held that employees can sue their employers for workplace safety violations under the State’s consumer protection laws. See Solus Industrial Innovations, Inc. v. Superior Court of...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - May 2017

Supreme Court Refuses to Hear Interchange Settlement Appeal - The U.S. Supreme Court denied a request to review the U.S. Court of Appeals for the Second Circuit's ruling overturning a $7.25 billion settlement agreement in...more

Ervin Cohen & Jessup LLP

McGILL v. CITIBANK, N.A.

I have received a few questions from employers about the recent California Supreme Court decision in McGill v. Citibank, N.A.. The McGill case isn’t an employment law case, but rather deals with a consumer class action....more

Foley & Lardner LLP

Private Arbitration Agreements which Prohibit Public Injunctive Relief Violate Public Policy and are Unenforceable Under...

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In an April 5, 2017 unanimous opinion, the California Supreme Court (the “Court”) held that private arbitration agreements which prohibit public injunctive relief in any forum are contrary to California public policy and...more

Akin Gump Strauss Hauer & Feld LLP

McGill v. Citibank and Arbitration Agreements

On Thursday, April 7, 2017, in McGill v. Citibank, the California Supreme Court held that a pre-dispute arbitration agreement that waives the right to seek public injunctive relief is contrary to public policy and thus...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - February 2016

Be Still, My Heart: New Suit Says Fitbits Fail to Track Heartbeats as Promised - Why it matters - Fitbit has been hit with another consumer class action asserting false advertising claims, this time alleging that...more

Proskauer - Advertising Law

California Supreme Court Holds Organic Labeling Suit a Natural Fit in State Court

In December, the California Supreme Court held that a challenge to a farm’s labeling of its herbs as “organic” under state false advertising laws is not preempted by the federal Organic Foods Production Act of 1990 (“Organic...more

Davis Wright Tremaine LLP

Don’t Deceive Me: Claims for Mislabeled Organic Food in CA

If a food is labeled organic, but is not actually organic, can a consumer bring state law claims under consumer protection statutes? In California, it appears that the answer is yes. In a recent case, Quesada v. Herb Thyme...more

Bryan Cave Leighton Paisner

California Recognizes State Claim for Foods Mislabeled as “Organic”

On December 3, 2015, the California Supreme Court held that a claim for intentionally mislabeling produce as “organic” is not preempted by the federal regulatory regime for certifying organic growers. Quesada v. Herb Thyme...more

Mintz - Consumer Product Safety Viewpoints

The Continuing Conundrum of the California Food Fight

We have blogged regularly about the plethora of litigation, largely centered in California, focused on the labeling of food, beverage, cosmetics, and consumer goods. Nationwide, consumers are demanding more information from...more

Carlton Fields

Food for Thought: Organic Food Act Doesn't Preempt Certain State Law Mislabeling Claims

Carlton Fields on

On December 3, the California Supreme Court unanimously held that state law claims of intentional mislabeling produce as organic are not preempted by the Organic Food Act of 1990 (7 U.S.C. §§ 6501-6522). In Quesada v. Herb...more

Perkins Coie

Organic Label Due Diligence Is Critical After CA Supreme Court Approves Lawsuits

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The Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as “organic.” In a unanimous opinion, the court reversed...more

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