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Consumer Law
Consumers Legal Remedies Act
False Advertising

Monika Taylor, individually and on behalf of all others similarly situated v. Nike Inc.

Published: Mar. 25, 2017 | Result Date: Feb. 17, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 3:16-cv-00661-MO Bench Decision –  Defense

Court

USDC Oregon


Attorneys

Plaintiff

Jeffrey D. Kaliel
(Kaliel Gold PLLC)

Shannon Armstrong
(Holland & Knight LLP)

J. Matthew Donohue

Jeffrey M. Ostrow
(Kopelowitz, Ostrow, Ferguson, Weiselberg & Gilbert)

Scott A. Edelsberg
(Edelsberg Law PA)

Hassan A. Zavareei
(Tycko & Zavareei LLP)


Defendant

Michelle C. Doolin
(Cooley LLP)

Brad S. Daniels
(Stoel Rives LLP)

Darcie A. Tilly
(Cooley LLP)


Facts

Monika Taylor filed a class action against Nike Inc., concerning Nike's allegedly deceptive pricing schemes at outlet stores.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff accused Nike of deceptive pricing of merchandise sold at its outlet stores. Plaintiff contended that the suggested retail prices were actually higher than the actual sale prices, duping consumers into thinking that they were getting a bargain. Plaintiff asserted causes of action for violation of California consumer protection laws, False Advertising Law, Consumer Legal Remedies Act, and Unfair Competition Law.

DEFENDANT'S CONTENTIONS:
Nike moved to dismiss for failure to plead the claims, which were based on fraud, with particularity.

Result

The court determined that Taylor's allegations were not specific enough and that she lacked standing to seek the relief sought. As such, the court dismissed the action.

Other Information

FILING DATE: April 18, 2016.


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