Alleged false advertising of consumer products is one of the most active areas in class action litigation. As most of these matters conclude before the courts can offer an opinion on damages, it is often unclear which damages theories are viable. A recent Ninth Circuit decision, Chowning et al. v. Kohl’s Department Stores Inc. et al. clarifies the issue –available remedies are substantially narrower than those often asserted. In this Law360 article, Timothy Snail discusses the implications of the recent ruling, and uses well-known examples to illustrate common theories of damages.
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Assessing umbrella pricing incentives
When collusive agreements involve a subset of firms in an industry, they may create the incentive and ability for firms that are not participants in the cartel...