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Jan. 31, 2015

Alarming self-inflicted mootness ruling

A recent decision represents a minority approach to a common pleading defect but, should this approach become common practice, it would result in unfairness and inefficiencies in the legal system

Amy P. Lally

Partner
Sidley Austin LLP

555 W 5th St
Los Angeles , CA 90013

Phone: (310) 595-9500

Email: alally@sidley.com

Georgetown Univ Law Ctr; Washington DC

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By Amy Lally and Emily Culbertson

A recent decision on standing by the Northern District of California in Machlan v. Procter & Gamble, 14-01982, creates more problems than it solves. The plaintiff, Machlan, alleges the defendants falsely marketed certain personal care wipes as flushable. He further alleges he would not have purchased the wipes if he had known they were not flushable.

And therein lies the rub. Machlan relied on his allegation that he wou...

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