The Ninth Circuit’s Road Map on How to Defend California Consumer Fraud Claims

Business litigation partner Jeffrey Jacobson authored an article for the American Bar Association (ABA) that discusses the United States Court of Appeals for the Ninth Circuit’s recent decision in McGinity v. Procter & Gamble Co., clarifying how to apply the “reasonable consumer” test.

Jacobson outlines conflicting guidance from pre-McGinity cases, as well as an overview of the McGinity case. He also notes that cases brought in California courts in the near future will give trial judges many opportunities to draw lines between actual deception and ambiguity.

The full article is available for ABA members.