Sparring Vape Cos.' False Ad Suit Will Stay In Delaware

Law360 (October 28, 2020, 10:08 PM EDT) -- A Delaware federal judge on Wednesday denied vape company KandyPens Inc.'s bid to send a lawsuit to California accusing it of false advertising for allegedly using anonymous Instagram accounts to disparage a rival, holding that the plaintiff's preference was a significant factor in the decision.

Puff Corporation's suit against KandyPens will stay in Delaware after U.S. District Judge Colm F. Connolly found that of 12 interests identified for a transfer analysis in the Third Circuit case of Jumara v. State Farm Ins. Co., two weighed in favor of transfer, while two weighed against and eight were neutral.

But one of the...

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