5-Hour Energy's Claims Against Class Action Attys OK'd

Law360, Los Angeles (November 30, 2012, 10:39 PM EST) -- A California state appellate court on Thursday held that Innovation Ventures LLC can pursue malicious prosecution claims against four lawyers and a law firm that brought an unsuccessful class action alleging the company deceived consumers about its 5-Hour Energy drink, saying the lawyers may have acted wrongfully.  

In a 20-page unpublished opinion, a three-judge panel ruled that claims against plaintiff Vi Nguyen should be dismissed under California’s anti-strategic lawsuits against public participation statute, which is designed to prevent lawsuits that target free speech. But the...
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