Reading The 9th Circ.'s Tea Leaves On Injunctive Standing

Law360 (February 23, 2018, 11:02 AM EST) -- On Dec. 20, 2017, the Ninth Circuit refined injunctive standing requirements in the misbranding context in Victor v. R.C. Bigelow Inc. and Khasin v. R.C. Bigelow Inc. (collectively, “Bigelow”), finding that injunctive standing is limited and requires a current intent to purchase challenged products in the future.[1]

These decisions demonstrate the Ninth Circuit’s evolving standards on injunctive relief since its last decision on the issue in Davidson v. Kimberly-Clark Corp.[2] The Ninth Circuit in Davidson addressed a split in district court decisions as to whether a plaintiff...
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