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Private Surgeon General Class Action Defender

Category Archives: Pleading Standards

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Pfizer’s Motion to Dismiss Successful in Class Action Over Its Probiotic Advertising

Posted in False Advertising Claims, Motion to Dismiss, Pleading Standards

It is no surprise to anyone defending against false advertising claims that Rules 8 and 9(b) of the Federal Rules of Civil Procedure are powerful tools to force plaintiffs to articulate with specificity their theory of why particular advertising is indeed false.  In the past few years, however, a growing number of plaintiffs in food… Read More