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· 2/27/2017

Davis v. Britt

Citations

  • 678 F. App'x 116

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that an allegation that comparable products “cost at least twenty-five (25%) less” is insufficient without identifying the cost of allegedly comparable products
  • finding that the plaintiff did not have standing to bring consumer protection claims based on products she did not purchase or use
  • explaining that the plaintiff did not meet Rule 9(b)’s pleading standard because the complaint did not identify “when these statements were made or whether and when Plaintiff actually viewed them”
  • finding that statement on product labels 3 that the product was “clinically proven” to help babies sleep better was not puffery because the claim was not a “vague or highly subjective claim[] of simple superiority”
  • dismissing allegations regarding products that Plaintiff did not purchase and only considering allegations regarding products that Plaintiff alleges she purchased and used
  • explaining that the plaintiff did not meet Rule 9(b

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Diaz, Shedd

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.