Evidence, Pleading Standards

A KIND Result After Insufficient and Biased Consumer Perception Evidence

Faegre Drinker Biddle & Reath LLP on 5/30/2024

Consumer perception evidence is necessary for plaintiffs to survive summary judgment in a false advertising class action, but vacillating and flawed connections between the evidence and the key question of what a reasonable...more

Seventh Circuit Finds No Evidence of Deception in Aloe Vera Gel Labeling Lawsuit

Proskauer - Advertising Law on 5/20/2020

Last month, a Seventh Circuit panel unanimously affirmed the district court’s grant of summary judgment dismissing a consumer class action alleging that Fruit of the Earth and its retailer clients deceptively labeled aloe...more

U.S. Supreme Court Says Section 1981 Claims Require ‘But For' Causation

Parker Poe Adams & Bernstein LLP on 4/14/2020

Section 1981 of the Civil Rights Act of 1866 prohibits discrimination on the basis of race in the making of contracts, including employment contracts. Section 1981 is often used by employees suing for race discrimination as...more

New York Appellate Court Holds That Affidavits Can Cure Pleading Defects and Extrinsic Evidence Permitted When Contract Clause Is...

Troutman Pepper on 3/7/2019

Servidone, Inc./B. Anthony Constr. Corp., J.V. v. State of New York, No. 2016-05238, 2019 BL 7232 (App. Div., 2d Dept. Jan. 09, 2019) - Servidone, Inc./B. Anthony Construction Corp., J.V. (the “Contractor”) and the New...more

How a constitutional amendment is transforming litigation in Mexico

Hogan Lovells on 3/14/2018

In 2017, Mexico’s congress approved a key amendment to its Federal Commercial Code. The amendment is now driving dramatic changes to the country’s trial process. One of those changes — a shift from written to oral proceedings...more

New York Federal Court Judge Expresses Dismay Over NYC Human Rights Law Claim Legal Standard

Mintz - Employment, Labor & Benefits... on 3/11/2016

Sometimes a judge says what many of us are already thinking. In Rivera v. Crowell & Moring L.L.P., Katherine B. Forrest was that judge....more

Wisconsin Courts Can Consider Documents Referred to in a Complaint, Even if They Are Not Attached to the Complaint

Foley & Lardner LLP on 9/28/2015

Wisconsin’s court of appeals recently adopted the incorporation-by-reference doctrine as part of the state’s pleading standard in Soderlund v. Zibolski, No. 14AP2479 (Sept. 22, 2015). The decision, written by Judge Cane of...more

Courts Remain Divided Over Pleading Requirements for Inducement

Goodwin on 1/17/2014

Recent cases have revealed a division of opinion over whether a patentee is required to plead that an accused indirect infringer had knowledge of the patent before being sued, or whether the filing of a patent infringement...more

Evidence › Pleading Standards

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