The Illinois Supreme Court recently granted a Petition for Leave to Appeal in Price v. Phillip Morris, Inc., after the Illinois Appellate Court for the Fifth District effectively reinstated a $10 Billion verdict against Philip Morris from 2003. 9 N.E.3d 599 (5th Dist. 2014). The Illinois Supreme Court’s decision to once again weigh in
After Long Battle in Brown v. The American Tobacco Co., Defendant Prevails Where Plaintiffs Failed to Establish Actual Damages
Summary
Following the trial of a tobacco false advertising case dating back to 1997, a California court found that, although the defendant misrepresented to consumers the health benefits of its Marlboro Lights cigarettes, the Plaintiffs were entitled to no relief as they failed to prove entitlement to any of the limited remedies available under California’s
Simpson v. Kroger: California Court Of Appeal Offers Hope On False Advertising Claims, Holding that, as a Matter of Law, a Reasonable Consumer was Not Likely to be Deceived
“Shakedown Suits”
Although California’s passage of Proposition 64 made it more difficult for the plaintiffs’ bar to bring “shakedown suits” against the business community, we are witnessing a flood of false advertising class actions brought (or, more often, threatened) against consumer product manufacturers and retailers, who typically have no arbitration rights. While some lawsuits are