We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byJonah Burton
Modified about 1 year ago
Wildman Harrold | 225 West Wacker Drive | Chicago, IL 60606 | (312) 201-2000 | wildman.com © 2008 Wildman, Harrold, Allen & Dixon LLP. How Did They Do That? Advertising Class Action Litigation Summary Anne G. Kimball, Esq.
© 2008 Wildman, Harrold, Allen & Dixon LLP. What Has Happened? In the last year – Four appellate courts affirmed dismissals of five cases – Plaintiffs have withdrawn appeals in the 4th Circuit and U.S. Supreme Court – All decided cases have been dismissed with prejudice – And the last case in a trial court was voluntarily dismissed
© 2008 Wildman, Harrold, Allen & Dixon LLP. Lawsuit History
© 2008 Wildman, Harrold, Allen & Dixon LLP. Nine Complaints Filed November, 2003: December, 2003: January, 2004: February, 2004: April, 2004: June, 2004: February, 2005: March, 2005: April, 2005: Hakki, District of Columbia Kreft, Colorado Wilson, North Carolina Goodwin, California Eisenberg, Ohio Tully, Ohio Tomberlin, Wisconsin Alston, Michigan Bertovich, West Virginia
© 2008 Wildman, Harrold, Allen & Dixon LLP. Plaintiffs Individuals Parents of someone “who consumed alcohol while under 21 without their knowledge or consent” Parents of children “subjected to defendants’... marketing campaigns” Parents “whose children have consumed one or more of defendants’ products”
© 2008 Wildman, Harrold, Allen & Dixon LLP. Defendants Between 19 and 117 brewers, distillers and importers of beer and spirits One trade association: the Beer Institute No one who actually provided alcohol to underage persons No underage persons who stole money from their parents
© 2008 Wildman, Harrold, Allen & Dixon LLP. Plaintiffs’ Factual Premises Defendants allegedly solicit underage persons to consume alcohol products by: – Using ad and marketing content that “targets” underage persons, – Placing ads in media primarily read by underage persons, and – Designing products that appeal primarily to underage persons
© 2008 Wildman, Harrold, Allen & Dixon LLP. Plaintiffs’ Legal Premises Defendants’ conduct allegedly gives rise to liability in – Consumer Protection Statutes – Negligence – Unjust enrichment – Public nuisance – Private rights of action for statutory violations – Conspiracy
© 2008 Wildman, Harrold, Allen & Dixon LLP. The Alleged Injuries Plaintiffs claimed that parents are “injured” economically when their children illegally spent “family assets” on alcohol Plaintiffs claimed that parents were “injured” in their right to raise their children free of negative commercial influences
© 2008 Wildman, Harrold, Allen & Dixon LLP. Defendants’ Response Motions filed under Rule 12(b)(6) and state equivalents Seeking dismissal of complaints as a matter of law Plaintiffs do not allege facts showing: – A compensable injury – A causal connection between any defendants’ ads or products and any such an injury – Any legal claim recognized by state law
© 2008 Wildman, Harrold, Allen & Dixon LLP. Result: Complaints Dismissed December 2004 and January 2005 September 2005 February 2006 March 2006 May 2006 August 2006 Goodwin (CA) Kreft (CO) Eisenberg (OH) Tomberlin (WI) Hakki (DC) Alston (MI) Bertovich (WV)
© 2008 Wildman, Harrold, Allen & Dixon LLP. Appellate Results Dismissals affirmed in Colorado, Ohio, Michigan, D.C. and Wisconsin Plaintiffs voluntarily dismissed or did not pursue appeals elsewhere This litigation has been concluded
© 2008 Wildman, Harrold, Allen & Dixon LLP. Common Judicial Themes
© 2008 Wildman, Harrold, Allen & Dixon LLP. No Injury “There is nothing in the pleadings to allege the Plaintiffs have suffered actual injury from the challenged actions of the Defendants.” Kreft
© 2008 Wildman, Harrold, Allen & Dixon LLP. No Casual Link “The Bertoviches’ Amended Complaint contains no allegation that directly links the Defendants’ acts or omissions to the Bertoviches’ alleged injury.” Bertovich
© 2008 Wildman, Harrold, Allen & Dixon LLP. State Regulatory System Where state law vests exclusive authority to oversee all aspects of alcohol sales, including advertising, courts may not have jurisdiction over this kind of case. Goodwin
© 2008 Wildman, Harrold, Allen & Dixon LLP. State Regulatory System “There are laws in place to protect against underage consumption of alcohol…. Enforcement of such laws is out of the hands of the manufacturers. Retail sellers, law enforcement and parents all have equal roles in the advancement and enforcement of such laws, and in otherwise preventing underage drinking.” Eisenberg
© 2008 Wildman, Harrold, Allen & Dixon LLP. Violations of State Alcohol Laws “In order for defendants’ alleged marketing tactics to result in any injury to the plaintiffs, at least two levels of third parties must intervene in violating the law.” Bertovich
© 2008 Wildman, Harrold, Allen & Dixon LLP. Violations of State Alcohol Laws “Defendants are virtually powerless to prevent [underage drinking] and legally owe no duty to the parents of the underage drinker to protect against harm... caused by the criminal acts of both the child and at least one other adult.” Hakki
© 2008 Wildman, Harrold, Allen & Dixon LLP. Common Sense and Common Knowledge “To suggest that minors, because of their age, cannot understand that alcohol does not, in fact, make everyone more attractive, transport them to a tropical paradise, or other similar scenarios... is ridiculous at best.” Eisenberg
© 2008 Wildman, Harrold, Allen & Dixon LLP. First Amendment Impact “Any attempt to regulate commercial speech associated with the marketing of a lawful product to those who are legally entitled to use it based on the presmise that such speech may also make the product attractive to those who are not legally entitlted to use it, might well run afoul of the First Amendment….” Hakki
© 2008 Wildman, Harrold, Allen & Dixon LLP. First Amendment Impact “If these plaintiffs are convinced that alcohol advertising (i.e., First Amendment commercial speech) should be outlawed, then the means must be by legislation or constitutional amendment, not judicial fiat.” Alston
© 2008 Wildman, Harrold, Allen & Dixon LLP. Industry Responsibility Campaigns
© 2008 Wildman, Harrold, Allen & Dixon LLP. Preventing Access Respect 21: Preventing Underage Access B(eing) A R(esponsible) S(erver) Shoulder-tap and other programs aimed at adults Annual Drivers’ License Booklets “We ID” signage and point-of-sale materials
© 2008 Wildman, Harrold, Allen & Dixon LLP. Bolstering Parents Parents’ guides to talking with teens about alcohol Critical thinking, self-esteem building and consumer literacy training for children Speakers bureaus
© 2008 Wildman, Harrold, Allen & Dixon LLP. What Does the Future Hold? The STOP Act Cooperation with state and federal efforts FTC’s ‘We Don’t Serve Teens’ program Continued industry responsibility campaigns Continued self-regulation of advertising Joint efforts to combat underage drinking
Introduction to Legal Process in the United States (1)Sources of law (2)Court system (3)Judicial process Alan R. Palmiter 23 Jan 12.
Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation & Procedure Introduction To Litigation Litigation & Procedure Introduction.
Chapter 4: Enforcing the Law 4 How Can Disputes Be Resolved Privately?
Can the First Amendment Save Controversial Packaging? Janet M. Evans Federal Trade Commission Presentation for NABCA Legal Symposium March 12, 2013.
Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation and Procedure Negligence and Strict Liability Litigation and Procedure Negligence.
Introduction to Legal Process in the United States (1) Sources of law (2) Court system (3) Judicial process.
Introduction to Legal Process in the United States (1) Sources of law (2) Court system (3) Judicial process Alan R. Palmiter – Jan
Chapter 3 Tort Law. The Nature of Tort Law Based on the idea that……. Everyone has certain rights. Everyone has the duty to respect the rights of.
Tuesday, Aug. 26. Civil Procedure Law 102 Section 1.
Strict Liability and Torts and Public Policy Mrs. Weigl.
Wisconsin’s Effort M. Raina Zwadzich Julia Sherman.
Essentials Of Business Law Chapter 1 Our System Of Law McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
1 Understanding Alcohol Regulation in the United States James F. Mosher, J.D. President, Alcohol Policy Consultations Senior Policy Advisor, The CDM Group,
Children's Online Privacy Protection Act and the Video Privacy Protection Act By: Alana Rushing.
NEGLIGENCE (Unintentional Torts). The elements of negligence: * Negligence * Duty of Care * Standard of Care * Foreseeability * “reasonable person” *
Chapter 10 The Judicial Branch Complete warm-up Define following words: PlaintiffDefendant ProsecutionPrecedent Original jurisdictionAppeal.
Category Day Presentation to the Public Health Service Commissioned Corps June 21, 2012.
Remedies Against Govt Defendants – Some Basics 11 th amendment bars suits against the State, unless Lawsuit is against state officer in their official.
Courts and Court Systems Chapter 2. Copyright © 2007 Thomson Delmar Learning Objectives Explain the difference between trial and appellate courts. Explain.
Wildman Harrold | 225 West Wacker Drive | Chicago, IL | (312) | wildman.com © 2010 Wildman, Harrold, Allen & Dixon LLP. Building an Online.
THE JUDICIAL BRANCH Today’s Objective: C-3 To gather information on the structure of the judicial branch and the ideological tendencies of the Supreme.
Business Law and the Regulation of Business Chapter 3: Civil Dispute Resolution By Richard A. Mann & Barry S. Roberts.
21st Amendment Litigation 2013: Commerce Clause, Antitrust, and More Deborah A. Skakel, Esq. Dickstein Shapiro LLP Steve Gross Wine Institute Walter A.
Age of Consent and Legal Ages. Mr Wilson’s ERC (Secondary 4)
THE JUDICIAL BRANCH COURTS, JUDGES, AND THE LAW. MAIN ROLE Conflict Resolution! With every law, comes potential conflict Role of judicial system is to.
Chapter Four The American Legal System In this chapter, you will learn about: How the American legal system is structured The difference between criminal.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - June 04, Chapter 9 Accountability through Reviewability.
THE JUDICIAL BRANCH. The National Judiciary (National Court System) The Framers of the Constitution created a national judiciary for the United States.
Chapter 1 U.S. Legal System. Chapter Objectives After reading this chapter, you will know the following: The primary sources of law in the U.S. legal.
> > > > Business Law Appendix A. Legal System & Administrative Agencies The judiciary is the court system, the brand of government responsible for settling.
LAW Chapter 18: Torts A Civil Wrong. What is a civil wrong? In criminal law, a wrong is called a crime In criminal law, a wrong is called a crime 1.The.
Judicial Review The Supreme Court’s power to overturn any law that it decides is in conflict with the Constitution.
Slides prepared by Cyndi Chie and Sarah Frye A Gift of Fire Third edition Sara Baase Chapter 3: Freedom of Speech.
© 2011 South-Western | Cengage Learning GOALS LESSON 1.1 LAW, JUSTICE, AND ETHICS Recognize the difference between law and justice Apply ethics to personal.
Published by Flat World Knowledge, Inc. © 2014 by Flat World Knowledge, Inc. All rights reserved. Your use of this work is subject to the License Agreement.
Law and Justice: Chapter 1 What Is Law?. What is Law? Law and Values Law and Values Jurisprudence Jurisprudence Study of law and legal philosophy is devoted.
Judicial. JUDICIAL BRANCH BASIC INFORMATION Types of Cases Civil – involves a lawsuit filed (plaintiff), and (defendant) court decides responsibility.
George H. Pike Director of the Barco Law Library University of Pittsburgh School of Law September 29, 2010.
Judicial Branch. The Judicial Branch consists of the Supreme Court and the federal judges The Judicial Branch consists of the Supreme Court and the federal.
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. and the Legal Environment, 10 th edition by Richard.
Court System. Sources of Law Statutes: laws passed by state legislatures or Congress – Substantive & legal rights – Procedural rules Louisiana Code of.
Lisa Ryan Fitzgerald, etc., et. al. v. Barnstable School Committee, et. al., 504 F. 3d 165 (2009)
CptS 401 Adam Carter. Quiz Question 7 Obscene speech is protected by the First Amendment. A. True B. False 2.
Chapter 3 The Trial Process. Vocabulary Rule of Law: Principle that decisions should be made by the application of established laws without the intervention.
If a wrongdoer has injured another party, the wrongdoer will usually receive from the court: a. Imprisonment b. Hard labor c. A fine.
This Week’s Focus: What is the Law? What are the Functions of the Law? Where Does Law Come From? U.S. Constitution v. State Constitutions Federal Court.
Introduction to Employment Law Jody Blanke Professor of Computer Information Systems and Law Mercer University.
Business Law. Today’s Objectives Define tort law. Distinguish between a crime and a tort. Identify common torts. Explain penalties associated.
Copyright © 2011 by Jeffrey Pittman. Note the difference between federal and state court systems in the U.S., and the key concept of judicial review.
1 Overview of Legal Process in IP Cases From notes by Steve Baron © Ed Lamoureux/Steve Baron.
© 2017 SlidePlayer.com Inc. All rights reserved.