9th Circ. Keeps Harley-Davidson False Ad Suit Federal

Law360 (July 14, 2020, 10:43 PM EDT) -- The Ninth Circuit on Tuesday reversed a decision that kicked to California state court a proposed false advertising class action alleging Harley-Davidson fails to tell buyers its motorcycle prices include dealership fees, ruling that more than $5 million is at stake so the dispute belongs in federal court.

In a 16-page published opinion, a three-judge panel held that Harley-Davidson Inc. has reasonably shown that it could be liable for more than $2 million in punitive damages based on punitive damages awarded in other cases involving similar claims.

The panel added that once compensatory damages and attorney fees are taken into account,...

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