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Business Law
Fraud
Fine Prints Act

Clint Arthur, individually and on behalf of a class of similarly situated persons v. Louis Vuitton North America Inc., a Delaware corp.; and Does 1 through 10 inclusive

Published: Apr. 30, 2011 | Result Date: Mar. 5, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 2:08-cv-04731-AHM-FFM Settlement –  $12,000 plus interest

Court

USDC Central


Attorneys

Plaintiff

Daniel E. Engel


Defendant

Rachael M. Trummel
(King & Spalding LLP)

Rebecca J. Edelson
(Sheppard, Mullin, Richter & Hampton LLP)

Mark A. Neubauer
(Carlton Fields LLP)

Robert E. Shapiro
(Barack, Ferrazzano, Kirschbaum & Nagelberg LLP)


Facts

A putative class action was filed against Louis Vuitton North America, Inc. over Murakami canvases sold at the Museum of Contemporary Art's Geffen Contemporary during a retrospective on pop artist Takashi Murakami.

The complaint alleged fraud in that Louis Vuitton allegedly concealed that Murakami canvases sold in the museum were not created just for the exhibition, as advertised, but made of mass-produced canvas used for handbags. The canvases were sold for between $6,000 and $10,000. Clint Arthur, the putative lead plaintiff, bought two pieces but was offered a refund of $12,000 plus interest before he sued.

Result

Judge Howard Matz dismissed the allegation of fraud. However, the judge also noted that Arthur could continue to pursue a claim under California's Fine Prints Act, which required dealers in art reproductions to provide detailed information on how the works were created. The matter hereafter settled by Louis Vuitton buying back Arthur's canvases consistent with its original offer.


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