Victor v. R.C. Bigelow, Inc.
Opinion of the Court
MEMORANDUM
Adam Victor and Alex Khasin appeal the district court orders granting summary judgment to Bigelow on their injunctive relief claims.
“Once a plaintiff has been wronged, he is entitled to injunctive relief only if he can show that he faces á ‘real or immediate threat ... that he will again be wronged in a similar way,’ ” Munns v. Kerry, 782 F.3d 402, 411 (9th Cir. 2015) (quoting City of Los Angeles v. Lyons, 461 U.S. 95, 111, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983)) (internal quotation marks omitted). The relevant testimony in the two cases is nearly identical,
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
. The litigation originally involved claims for restitution as well. The district court granted Defendant summary judgment on those claims, and Plaintiffs only appeal the summary judgment on their injunctive relief claims.
. The similarity may not be a coincidence. Counsel for Victor and Khasin repeatedly made the troubling suggestion at oral argument that their testimony about their desire to buy Bigelow products may have been driven not by their true intentions but rather by what he believed would be the answer most likely to cause a court to hold that they had standing. We caution that coaching witnesses to offer false testimony would be a serious violation of professional standards and could amount to criminal conduct. See Cal. Penal Code § 127; Cal. R. Prof’l Conduct 5-200(B).
Reference
- Full Case Name
- Adam VICTOR, individually and on behalf of all others similarly situated v. R.C. BIGELOW, INC., Defendant-Appellee Alex Khasin, individually and on behalf of all others similarly situated v. R.C. Bigelow, Inc.
- Cited By
- 1 case
- Status
- Published