9th Circ. Reawakens 'Phantom Markdown' Suit Against Saks

Law360 (May 31, 2019, 6:37 PM EDT) -- The Ninth Circuit on Thursday revived a proposed class action against Saks Inc. accusing the retailer of advertising "phantom markdowns" of Saks-branded products, saying the district court had jumped the gun with its ruling that the named plaintiff wasn't an adequate class representative.

A three-judge Ninth Circuit panel's unpublished opinion faulted the lower court for its March 2017 determination that Randy Nunez couldn't sue on behalf of consumers who were allegedly duped into thinking they were getting a discount relative to the "market price" Saks advertised for some of its products.

"The district court erred by concluding at the pleading stage...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 9th Circuit

Nature of Suit

4370 Other Fraud

Date Filed

December 5, 2017

Law Firms


Judge Analytics