Legal Opinion

Michael FREEMAN, Plaintiff-Appellant, v. the TIME, INC., Magazine Company, Et Al., Defendants-Appellees

Court of Appeals for the Ninth Circuit

Decided October 6, 1995No. 94-55089 and 94-55091PublishedCited by 197 opinions

1Opinion of the Court

ORDER

The Memorandum disposition, filed August 21, 1995, is redesignated as an authored Opinion by Judge Tashima.

OPINION

TASHIMA, District Judge:

These are two consolidated appeals from the district court’s dismissal of two separate actions alleging that sweepstakes promotional materials were fraudulent and misleading.

FACTS

Plaintiff-appellant Michael Freeman (“Freeman”) received two separate mailers for the “Million Dollar Dream Sweepstakes,” a promotion of defendant-appellee Time, Inc. (“Time”). 1 The mailers, personalized by computer, are similar in content and format — both contain statements…

2Cases cited11 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
  3. Committee on Children's Television, Inc. v. General Foods Corp.California Supreme Court · 1983
  4. Chern v. Bank of AmericaCalifornia Supreme Court · 1976
  5. Mangini v. R. J. Reynolds Tobacco Co.California Supreme Court · 1994

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3Cited by197 opinions

  1. Williams v. Gerber Products Co.Court of Appeals for the Ninth Circuit · 2008
  2. Ebner v. Fresh, Inc.Court of Appeals for the Ninth Circuit · 2016
  3. Fink v. Time Warner CableCourt of Appeals for the Second Circuit · 2013
  4. Gary Davis v. Hsbc Bank Nevada, N.A.Court of Appeals for the Ninth Circuit · 2012
  5. Lavie v. Procter & Gamble Co.California Court of Appeal · 2003

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