17 Aug '11, 6pm

Why was the USGBC lawsuit dismissed? -- in plain English!

Email This Print Comments (1) Trackbacks Share Link The United States District Court for the Southern District of New York has dismissed Henry Gifford's lawsuit (PDF) against the US Green Building Council. Gifford originally filed a class action lawsuit for $100 million dollars based on the alleged false advertising by the USGBC. The lawsuit was later amended to only cover four plaintiffs but the allegations remained the same -- the USGBC was falsely claiming that LEED certified buildings were energy efficient. When Gifford filed his amended lawsuit, I questioned how he would prove he was harmed by the alleged false advertising . It turns out that this was one of the lawsuit's fatal flaws. A plaintiff that brings a lawsuit must show standing in order to prove that the right person is bringing the lawsuit. Since Gifford's allegations of false advertising fell under the Lath...

Full article: http://www.greenbuildinglawupdate.com/2011/08/articles/le...

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