Posted on December 9, 2015 by Julie Brook, Esq.
The California Supreme Court just handed down a decision that’s been hailed by the Recorder as “boon for plaintiffs bar.” In Quesada v Herb Thyme Farms (PDF), the supreme court unanimously held that claims for fraud by intentionally labeling conventionally grown food as organic aren’t preempted by the federal Organic Foods Act—so it’s a green light for plaintiffs to sue under California’s consumer protection laws and reap the remedies found there. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics, New Legal Developments, Tort Law | Tagged: CLRA, Consumer Legal Remedies Act, false advertising, federal preemption, fraud, organic food, Organic Food Act, unfair competition law | Leave a comment »
Posted on March 16, 2011 by Julie Brook, Esq.
A New York real estate developer is learning the hard way that a few square feet matters. The buyer, perhaps not coincidently a lawyer, says the condo he wanted to buy was missing 109 of the advertised square feet and is taking his dispute to trial next month, as reported by the ABA Journal. Such false advertising is clearly prohibited in California and can lead not only to lawsuits, but can also result in steep civil fines and even jail time. Continue reading
Filed under: Civil Litigation, Legal Topics, Real Property Law, Tort Law | Tagged: false advertising, puffery, real estate brokers, sale of real property | Leave a comment »