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All ears were poised to hear a landmark judgement in the case of Monica Sud v Costco Wholesale Corp, 15-cv- 03783, U.S District Court, Northern District of California (San Francisco). The California legislation TISCA has finally had an opportunity to flex its muscles as one of the first kind in this class action is brought. Unfortunately, we will have to wait even longer to see the Act in full swing. On the 15th January 2016 the United States District Court Northern District of California issued an order granting Costco’s motion to dismiss the case for lack of Article III standing. District Judge Jeffrey S. White stated that Monica Sud failed to provide sufficient evidence to overcome Costco’s factual challenge to Article III standing. However the Californian court also granted the complainant leave to amend her complaint and has until 19th February to issue her amended complaint. Either way this case leads the charge in a potential long-line of future legal action.

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