Price Check: Uncertain Outcomes In Advertised Price Cases
Law360, New York (June 29, 2016, 2:51 PM EDT) -- Christopher S. Finnerty
Morgan T. Nickerson
Jason C. Weida A wave of litigation over advertised prices in retail outlet stores is sweeping across federal district courts. Plaintiffs attorneys are suing retailers for advertising products as discounted in outlet stores when those products were not sold at full price in nonoutlet stores. Fresh off of a nearly $5 million settlement in a Michael Kors case brought in New York, the same plaintiffs counsel recently sued Nike in Oregon. Other cases have been initiated in California, Massachusetts and New York. This article examines the issues in those cases and what retailers can do...
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