SUMMARY JUDGMENT Practical Law Company provides practical legal know-how for law firms, law departments and law schools. Our online resources help lawyers practice efficiently, get up to speed quickly and spend more time on the work that matters most. This Article is just one example of the many resources Practical Law Company offers. Discover for yourself what the world’s leading law firms and law departments use to enhance their practices. If all else fails, defendants can move for summary judgment. Unlike the motion to dismiss stage of the litigation, where plaintiffs’ claims can survive as long as they are “plausible,” summary judgment requires the party with the burden of proof to actually present evidence supporting his claim.

Under many state UDAP laws, a plaintiff cannot meet his burden of showing a “likelihood of deception” unless he commissions a consumer survey (see, for example, Pettit v. Retrieval Masters Creditors Bureau, Inc., 211 F.3d 1057, 1062 (7th Cir. 2000) and Heighley v.

J.C. Penney Life Ins. Co., 257 F.

Supp. 2d 1241, 1260 (C.D. Cal. 2003)).

Anecdotal evidence is insufficient (see William H. Morris Co. v. Group W, Inc., 66 F.3d 255, 258 (9th Cir.

1995)). Plaintiffs in private Surgeon General cases do not relish the idea of having to pay for expensive consumer surveys. 11-10 Contact Us Practical Law Company 747 Third Avenue, 36th Floor New York, NY 10017 646.562.3405 plcinfo@practicallaw.com www.practicallaw.com 7 Copyright © 2010 Practical Law Publishing Limited and Practical Law Company, Inc. All Rights Reserved. Use of PLC websites and services is subject to the Terms of Use (http://us.practicallaw.com/2-383-6690) and Privacy Policy (http://us.practicallaw.com/8-383-6692). .