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A three-judge Ninth Circuit panel's unpublished opinion faulted the lower court for its March 2017 determination that Randy Nunez couldn't sue on behalf of consumers who were allegedly duped into thinking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...

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Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - 9th Circuit

Nature of Suit

4370 Other Fraud

Date Filed

December 5, 2017

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