· 12/7/2015
Linda Grubbs v. Sheakley Group, Inc.
Citations
- 807 F.3d 785
- 117 U.S.P.Q. 2d (BNA) 1209
- 2015 FED App. 0286P
- 2015 U.S. App. LEXIS 21146
- 2015 WL 7964109
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a “single eight-month scheme to move the Tri-Serve clients to Sheakley with the single victim of Grubbs cannot meet the standard for closed- or open-ended RICO liability”
- holding plaintiff’s RICO claim “cannot meet the standard for closed- or open-ended RICO liability” where alleged scheme was short-term and involved a single defendant
- noting that a plaintiff must show “some causal link between the challenged statements and harm to the plaintiff” in pleading a false advertising claim
- defining “material” in the false advertising context as likely to “influence the deceived consumer’s purchasing decisions”
- declining “to adopt the requirement that the parties be in competition” because the Lanham Act “nowhere requires such a showing”
- finding “the very act of sending an e-mail creates the interstate commerce nexus necessary for federal jurisdiction,” as to federal false advertising claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Siler, Clay, Gibbons
Read full opinion on CourtListenerSourced 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.