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Kohl's Should Pay For False Markdowns, 9th Circ. Hears

Law360, San Francisco (May 17, 2018, 10:48 PM EDT) -- A Kohl's customer alleging that she bought clothes from the retailer based on false markdown pricing told a Ninth Circuit panel on Thursday that a lower court erred when it found she could not seek restitution by calculating what she would have paid had she not been defrauded by the misleading price tags.

The named plaintiff, Wendy Chowning, appealed U.S. District Judge R. Gary Klausner's March 2016 summary judgment order, which nixed claims for any monetary restitution. Judge Klausner had found that regardless of the possibility...
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