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Torts News
10/15/2008 1:24:41 PM EST
Bryan Redding
Overstock settles Section 17200, other claims against Gradient
Posted by Bryan Redding
LexisNexis Law Center Staff

As is being reported all over the blogosphere today, internet retailer Overstock.com has settled its claims against Gradient Analytics.

Overstock filed suit in 2007 claiming Gradient provided false and misleading information on the strength of the Overstock brand and business in a conspiracy with investors shorting the stock to reduce the price of the stock.  The claims included those under the unfair competition law (UCL) Business and Professions Code Section 17200 for unlawful, unfair, or fraudulent conduct.

In May 2007 the First District California Court of Appeal allowed the UCL claims to proceed.  The court held that Overstock's claims did not involve securities transactions but defamatory reports and thus could proceed.

The settlement agreement is confidential.

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