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Daily Report Online

Federal Judge Throws Out FTC's Suit Against Former Discount Club Marketers

"It is extremely rare for defendants to take an enforcement action to trial against the FTC and even more rare for defendants to emerge victorious. The ruling by the court is a momentous occasion for our clients and marks the end of a very long, difficult an unnecessary saga in our clients' lives," said Wilson and Cleveland's attorney, Michael Mallow, a partner at Shook, Hardy & Bacon.
5 minute read

Daily Business Review

Judge Rules Against Aviation Co. for Nearly 2 Million & No One Injured.

"The message needs to be sent—if you're trusting people with safety, the correlation is that people are opening up their eyes," plaintiffs attorney Alex Rosenthal said.
5 minute read

Law.com

'Much More Unsettled': Recent Lawsuits, Court Actions Kick Up Uncertainty Over Section 230's Application to Social Media

"It's a signal to judges, and it's a signal therefore to litigants as well, that you might as well just start bringing these cases," Alan Rozenshtein, an associate law professor at the University of Minnesota. "You might win."
7 minute read

New Jersey Law Journal

NJ Supreme Court Divided Over Shoppers' Claims of Ascertainable Loss in CFA Claim

"Indeed, the Appellate Division found here—and defendant SPARC Group LLC does not contest—that defendant's conduct violates the CFA," Justice Lee A. Solomon said. "However, to state a CFA claim, private plaintiffs ... must show that they suffered an 'ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another person of any practice declared unlawful under' the CFA."
5 minute read

Law.com

Judge Sends Stop & Shop's Motion to Dismiss Down the Drain in 'Flushable' Wipes Dispute

U.S. District Judge Indira Talwani for the District of Massachusetts found that the plaintiff, Mark Schotte, sufficiently plead a likelihood of future injury in order to establish standing or injunctive and declaratory relief, after he alleged he would be interested in purchasing the wipes again if Stop & Shop ensured they were actually flushable.
4 minute read

Corporate Counsel

Rise of the Influencers Puts In-House Legal in the Hot Seat

"Coming from an in-house perspective, the last thing you want is a letter on your desk from the government that is entitled 'Notice of Proposed Penalty Offense,'" said Sarah La Voi, a partner at Baker & Hostetler.
6 minute read

National Law Journal

FTC Will Examine Supply Chain Disruptions' Disparate Harm on Smaller Grocery Stores

"If we end up finding that these types of practices violate any of the antitrust laws ... I know I'll be very interested in making sure we take swift action," FTC Chair Lina Khan said.
4 minute read

Texas Lawyer

It Took a Decade, But FDA Wins Case Over Tobacco Warning Labels

U.S. Fifth Circuit Judge Jerry Smith concluded the district court erred when finding the government compelled speech caselaw the FDA relied upon did not apply.
3 minute read

Texas Lawyer

Judge Pittman Slaps Down U.S. Chamber: Your Case Is Not Most Important

"The court does not have the luxury to give increased attention to certain cases just because a party to the case thinks their case is more important than the rest," Fort Worth's U.S. District Judge Mark T. Pittman said.
6 minute read

Law.com

Appellate Court Reinstates Consumer Protection Suit Against Boston-Area Marriott

Associate Justice Gregory I. Massing said that Fairfield Inn's alleged knowledge about the plaintiffs' business stay and its "failure to tell them in advance that they could not do business there was unlike neglecting to warn that an elliptical machine in the hotel gym was out of order, and more akin to neglecting to tell arriving guests that rooms are not furnished with beds."
4 minute read

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