9th Circ. Price Advertising Decision Threatens Retailers

By Rick Shackelford and Colin Fraser (July 21, 2017, 11:04 AM EDT) -- The Ninth Circuit has revived a deceptive pricing lawsuit against Neiman Marcus, ruling on April 18, 2017, that serial plaintiff Linda Rubenstein may proceed beyond the pleadings with claims that the district court had dismissed with prejudice.[1] The much-anticipated opinion relaxed the pleading standard plaintiffs typically must meet to state a deceptive pricing claim, freeing Rubenstein to pursue discovery into Neiman Marcus's internal policies in an attempt to substantiate her allegations.

The decision comes amidst a wave of lawsuits targeting retailers for deceptive pricing and is the first of two such cases before the Ninth Circuit. Though unpublished and without precedential...

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