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Results:1-10 of 48

Snack Bar Class Action is KIND-ly Stayed Pending USDA Regulation on Bioengineered Food
  • Proskauer Rose LLP
  • USA
  • March 26 2018

Earlier this month, Judge William H. Pauley III in the Southern District of New York stayed a lawsuit against the snack bar maker KIND LLC, styled as


New York Federal Court Latest to Dismiss Outlet Pricing Class Action
  • Proskauer Rose LLP
  • USA
  • January 25 2018

Last month, Judge Valerie Caproni of the Southern District of New York dismissed with prejudice a putative deceptive pricing class action filed


False Ad Claims Fail to Crystalize as Court Dismisses Amended Complaint against Sharp Electronics with Prejudice
  • Proskauer Rose LLP
  • USA
  • July 26 2016

Dismissals of class action complaints with prejudice are not as common as dismissals with leave to replead, but a recent decision in the District of


Where’s the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products
  • Proskauer Rose LLP
  • USA
  • May 24 2016

A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California


California District Court Unplugs Duracell False Advertising Suit
  • Proskauer Rose LLP
  • USA
  • April 4 2016

Recently, Judge Lucy H. Koh of the Northern District of California dismissed a putative class action claiming that Procter & Gamble and Gillette


Service provider's intent in removing positive reviews irrelevant in assessing availability of CDA Section 230 protection
  • Proskauer Rose LLP
  • USA
  • November 10 2011

A lawsuit against consumer review site Yelp! has yielded an opinion that demonstrates the breadth of the protection afforded interactive service providers under Section 230 of the Communications Decency Act.


Federal lawsuit alleges infringement of minors' New York right of publicity by Facebook "like" and "friend finder" features
  • Proskauer Rose LLP
  • USA
  • May 19 2011

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the service's "Like" and "Friend Finder" features.


Pay me if you want to play me, Part II: former player of the year Ed O’Bannon gains ground in suit relating to use of image
  • Proskauer Rose LLP
  • USA
  • April 16 2010

In the June 2009 edition of "Three Point Shot" (See "Pay Me if You Want To Play Me: Former Cornhusker Quarterback Seeks Payday for Virtual College Athletes"), we reported on the lawsuit brought by former Arizona State quarterback Sam Keller against videogame maker Electronic Arts ("EA"), the NCAA, and the NCAA's licensing arm, Collegiate Licensing Company ("CLC") (a subdivision of IMG).


False advertising litigation in 2009: year end review
  • Proskauer Rose LLP
  • USA
  • February 22 2010

Numerous recent media articles have reported an increase in false advertising disputes in 2009, both in federal and state court litigation and in proceedings before the National Advertising Division (NAD), the advertising industry self-regulatory body.


Florida Supreme Court holds CGL policy covers an "advertising injury" based upon a TCPA violation
  • Proskauer Rose LLP
  • USA
  • February 13 2010

The Florida Supreme Court recently held that a commercial general liability ("CGL") insurance policy that provides coverage for an "advertising injury" covers a violation of the Telephone Consumer Protection Act ("TCPA").