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Relax Jack...It’s Only a Joke!

Jack Daniel’s Properties, Inc. v. VIP Products LLC. (Docket 22-148) On March 22, 2023, VIP Products LLC told the Supreme Court that its parody Bad Spaniels whiskey-bottle-shaped dog toys do not violate the Lanham Act...more

A Scalpel, Not a Chainsaw: Supreme Court Drastically Limits the Telephone Consumer Protection Act’s Reach

In December, we reported on the oral argument in the U.S. Supreme Court in Facebook v. Duguid, which presented the question of what was required for equipment to qualify as an automatic telephone dialing system (“ATDS”) under...more

Supreme Court Hears Oral Argument In Highly Anticipated Case Addressing The Reach Of The Telephone Consumer Protection Act

Yesterday, the U.S. Supreme Court heard oral argument in Facebook v. Duguid—a significant case potentially limiting the reach of the Telephone Consumer Protection Act (“TCPA”). Facebook will resolve a circuit split over what...more

Supreme Court Dodges Cy Pres Issue in Class Action Settlements; Remands for Standing Inquiry Under Spokeo

The federal rules of civil procedure require that class action settlements be “fair, reasonable, and adequate.” In Frank v. Gaos, No. 17-961, the U.S. Supreme Court was expected to decide whether a district court properly...more

Supreme Court Holds that Successive Class Actions Must Be Filed Within the Statute of Limitations; American Pipe Tolling Doctrine...

The U.S. Supreme Court recently issued an important decision on statutes of limitations in class actions. As it has done several times this term, its decision in China Agritech resolves a relatively narrow issue in a...more

Delaware Program Struck Down: Independent Legal Counsel Still Best Avenue for Private Arbitration

The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts...more

Anna Nicole Smith Revisited: Supreme Court Closes Gap on "Stern claims;" Declines to Clarify Jurisdiction for Certain Bankruptcy...

On Monday, the United States Supreme Court decided in Executive Benefits Insurance Agency v. Arkison that while bankruptcy courts do not have the power to make final decisions on so-called "Stern claims," they can try or...more

More Relief For Business: U.S. Supreme Court Continues To Restrict Far-Reaching Claims

In This Issue: - Comcast Corp v. Behrand - Take-Away from Comcast Corp v. Behrand - Standard Fire Insurance Co. v. Knowles - Take-Away from Standard Fire Insurance Co. v. Knowles Amgen Inc. v. -...more

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