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HINOJOS v. KOHL'S CORP.

No. 11-55793.

718 F.3d 1098 (2013)

Antonio S. HINOJOS, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. KOHL'S CORPORATION, a Wisconsin corporation; Kohl's Department Stores, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2013.

Attorney(s) appearing for the Case

Matthew J. Zevin (argued), Stanley • Iola, LLP, and Derek J. Emge, Emge & Assoc., San Diego, CA, for Plaintiffs-Appellants.

James F. Speyer (argued), Arnold & Porter LLP, Los Angeles, CA, for Defendants-Appellees.

Opinion by Judge REINHARDT; Concurrence by Judge WARDLAW.

OPINION

REINHARDT, Circuit Judge:

Most consumers have, at some point, purchased merchandise that was marketed as being "on sale" because the proffered discount seemed too good to pass up. Retailers, well aware of consumers' susceptibility to a bargain, therefore have an incentive to lie to their customers by falsely claiming that their products have previously sold at a far higher "original" price in order to induce customers to purchase merchandise at a...

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