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Category: Misrepresentations

August 11, 2015
Posted in  Misrepresentations

Claims for Deceptive Practices Must Now Be Alleged in Detail (at Least in Federal Court)

A federal court in North Carolina has held that certain claims under N.C. Gen. Stat. § 75-1.1 require especially detailed allegations. This groundbreaking decision will have major consequences for plaintiffs who pursue 75-1.1 claims in federal court—and for defendants who move to dismiss those claims. Last week, in Topshelf Management, […]

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July 28, 2015
Posted in  Misrepresentations

The Meaning of Falsity in Misrepresentation Cases

When a consumer sues a product manufacturer over an allegedly false advertisement, what must the consumer allege to state a claim that the advertisement is false? A recent decision by the U.S. Court of Appeals for the Fourth Circuit, In re GNC Corp., addresses this question. Glucosamine and Chondroitin The […]

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May 26, 2015
Posted in  Misrepresentations

Pharmaceutical Marketing and Unfair-Trade-Practices Claims

Lawsuits against pharmaceutical companies generally center on product-liability claims. A new trend in pharma cases, however, is to include a different kind of claim: a claim for unfair trade practices. A recent decision from the South Carolina Supreme Court addresses unfair-trade-practices claims against a pharma company. In State ex rel. Wilson […]

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