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California Appellate Tracker

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A consumer cannot reasonably expect that 100% of the disclosed weight of a lip balm will be usable when the product’s dispenser is fully open, so a label disclosing the balm’s true weight is not deceptive though 25% of the balm is unusable.  Read More

A court may decide the issue of class certification on demurrer when it is clear that, even taking the facts alleged in the complaint as true, there is no reasonable possibility that the requirements for class certification can be met.   Read More

Unless the website prominently discloses that use of the site constitutes agreement to its terms, a “browsewrap” disclosure of terms is insufficient to bind the user to the arbitration clause in the site’s terms.   Read More

A notifier who sends a take-down notice to a website owner can be held liable to the poster of the taken-down content, if the notifier sends a take-down notice without first making a good faith determination that the content's use of copyrighted material is not protected by the fair use doctrine.  Read More

The EEOC is not required to conciliate with an employer on behalf of individual employees before bringing suit on behalf of a class of employees, but may conciliate on behalf of the class and then join to the suit particular individuals who fall within the specified class.  Read More

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