'Fungi-Nail' False Ad Suit Will Stay In Federal Court

Law360, New York (January 7, 2013, 1:43 PM EST) -- An anti-fungal ointment customer failed to remand to state court a putative class action accusing Kramer Laboratories Inc. of tricking consumers into believing its Fungi-Nail products can cure nail fungus, as a California federal judge ruled Friday that the amount in question exceeded $5 million.

U.S. District Judge John F. Walter said that an affidavit from Kramer CEO Gloria Rodriguez stating that the company sold more than $5 million worth of Fungi-Nail products during the proposed class period is enough to keep the suit in federal...
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