Litigation
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Litigation
Lack Of Prior Substantiation For Advertised Claims Is Generally Not A Cognizable Theory Of Recovery In Consumer Products Class Actions
An increasing trend in consumer class action litigation, particularly in cases dealing with dietary supplements, over-the-counter drugs, or food products, is for a plaintiff to allege that claims about a product’s benefits cannot be substantiated by scientific evidence and are therefore...
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Keeping Up With The ITC
Editor: You’ve been litigating at the ITC since the early-90s and have handled over 30 cases, which is a staggering number. How has the forum changed over the years, and do you think its popularity will continue to grow? McKeon: When I started litigating cases in the ITC there were under...
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What Standard Of Proof Is Required To Prove Punitive Damages?
The application of punitive damages in mass tort actions in New York is an unsettled area of the law that impacts the way counsel should approach its pretrial motion practice. Decisions describing the potential for punitive damages in cases where intentional conduct has not been established have...
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