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Advertising › False Advertising › Expert Testimony

IMS Legal Strategies

The Value of Consumer Surveys in Class Action Cases

IMS Legal Strategies on

As savvy plaintiffs and defendants know, the viability of class actions relies on evidence—and surveys are the best way to generate evidence about consumer behaviors or opinions. In class actions, surveys provide evidence to...more

Fox Rothschild LLP

District Of Delaware Grants Defendant’s Motion To Exclude Plaintiff Damages Expert’s Testimony In False Advertising Action Under...

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Colm F. Connolly in CareDx, Inc. v. Natera, Inc., Civil Action No. 19-662-CFC-CJB (D.Del. May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of...more

Proskauer - Advertising Law

Court Gives Cold Shoulder to FTC’s False Advertising Claims Against Housing Insulation Company

Proskauer - Advertising Law on

In a dispositive decision during a bench trial, federal district court Judge Nora Fischer of the Western District of Pennsylvania found that the FTC failed to present any credible expert testimony to support its suit for...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False...

Sheppard Mullin Richter & Hampton LLP on

The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al., resolves a split among district courts evaluating the standard that applies to false labeling claims brought under California’s Unfair Competition...more

Cozen O'Connor

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

Cozen O'Connor on

Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more

Butler Snow LLP

False Advertising? Not if Just One Expert Says It’s Not.

Butler Snow LLP on

The United States Court of Appeals for the Fourth Circuit recently held that “a manufacturer cannot be liable for false advertising so long as at least one qualified expert opines that the representations made are truthful,...more

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