9th Circ. Revives Gap False Advertising Suit

Law360, New York (March 10, 2010, 6:13 PM EST) -- A putative class action asserting false advertising and breach of contract claims against The Gap Inc. has been given a second chance, after a federal appeals court reversed a lower court ruling that dismissed the lawsuit.

In a brief opinion filed Tuesday, a three-judge panel in the U.S. Court of Appeals for the Ninth Circuit determined the previous ruling had erred in dismissing the suit on summary judgment and ordered the lower court to assign the dispute upon remand to a different judge.

The appeals court...
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