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Failure To State A Claim Advertising

Holland & Knight LLP

Defending Deceptive Labeling Claims Under Rule 12(b)(1)

Holland & Knight LLP on

Most deceptive labeling claims are challenged in the first instance under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief. Another strategy deserves consideration premised upon Federal Rule of...more

Proskauer - Advertising Law

Judge Wipes Out “Wet Ones” False Advertising Suit

Judge Todd W. Robinson of the Southern District of California recently dismissed a putative class action against Edgewell Personal Care, the makers of Wet Ones antibacterial hand wipes, alleging it misled consumers by...more

Womble Bond Dickinson

Court Finds Communications Regarding Employment Opportunity Not Advertisement or Telemarketing Under TCPA

Womble Bond Dickinson on

The TCPA’s regulation of automated telephone calls differ based upon the purpose of the call and/or the content of the message communicated.  Specifically, the TCPA imposes heightened requirements for calls that are deemed...more

Proskauer - Advertising Law

Second Circuit Finds Consumer Suit Against Dunkin’ Not Well Done

A Second Circuit panel recently affirmed the dismissal of a putative false advertising class action against Dunkin’ Brands, which alleged the company misled consumers as to the contents of products Dunkin’ described as “Angus...more

Foley & Lardner LLP

Seventh Circuit Weighs in on Vicarious Liability Under TCPA

Foley & Lardner LLP on

Last month, the United States Court of Appeals for the Seventh Circuit clarified the application of common-law vicarious liability principles to TCPA class actions in Warciak v. Subway Restaurants, Inc., 2020 WL 559105 (7th...more

King & Spalding

Ninth Circuit Affirms Dismissal of “Disappointed Spectator” Class Actions Stemming from So-Called “Fight of the Century” Between...

King & Spalding on

On November 21, the Ninth Circuit affirmed a Central District of California order dismissing with prejudice complaints filed on behalf of putative classes consisting of ticket holders and pay-per-view subscribers to the...more

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