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However, as section 17500 is cross referenced in section 17200, and as virtually all false advertising claims are litigated simultaneously with UCL claims, the limitations period for "false advertising claims is effectively four-years." [43] Judges can use their equitable powers to dismiss a UCL claim or deny injunctive relief. [44]
However, in the one aspect of the decision that was favorable to the appellees, the Court also ruled that states could not impose a strict liability standard for defamation (i.e., plaintiffs had to be able to show fault of some kind) and that juries could not be allowed to award punitive damages, such as the $50,000 Gertz had received, absent ...
The California Consumers Legal Remedies Act ("CLRA") is the name for California Civil Code §§ 1750 et seq. [1] The CLRA declares unlawful several "methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer". [2]
A California jury ruled Walmart defamed a driver with false claims of workers' compensation fraud. ... more than $34 million in damages. ... should receive $25 million in punitive damages and $9.7 ...
A San Bernardino County jury this week ordered Walmart to pay driver Jesus "Jesse" Fonseca $25 million in punitive damages, plus $9.7 million for future non-economic losses including enjoyment of ...
According to a local press report, the authorities were alarmed by "a social media post that promoted false information related to the ongoing COVID-19 pandemic." In response, "detectives ...
False advertising is the act of ... "For a claim to be considered a cause of action to recover damages pursuant to General Business Law § 349 has three elements ...
Carol Burnett v. National Enquirer, Inc. was a decision by the California Court of Appeal, which ruled that the "actual malice" required under California law for imposition of punitive damages is distinct from the "actual malice" required by New York Times Co. v. Sullivan to be liable for defaming a "public figure", and that the National Enquirer is not a "newspaper" for the purposes of ...