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Class Action Trends – Interview with Stephen Gulotta, Managing Member, Mintz Levin's New York Office
Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
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Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
It has been a few months since I wrote about Michael Mann’s libel suit against National Review, the Competitive Enterprise Institute and two contributors. During that time, the parties have been very busy in both the...more
In this Publication:
- I. Introduction
- II. The Texas Citizens Participation Act: What Is It?
- III. Application Of The TCPA
- IV. Unintended Consequences
- V. The TCPA - Conclusions...more
A Minnesota judge was probably enjoying fond October baseball memories when he recently wrote a notable decision in a putative class action that involved kosher hot dogs. That decision, Wallace v. ConAgra, addresses the roles...more
A recent opinion from the Western District of Virginia sets forth a useful framework for analyzing a variety of Lanham Act claims based on false commercial speech uttered in social media....more
Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more
Last week, a New York federal court dismissed numerous claims against Frito-Lay North America, Inc. in a multidistrict class action over “all natural” labels on Frito-Lay products such as Tostitos, SunChips and Fritos Bean...more
In this issue:
- Table Of Contents
- Table Of Authorities
- I. Introduction.
- II. Texas Citizens Participation Act: What is it?
- A. Background and Enactment of the TCPA.
Per Kenneth White, blogger at Popehat.com: http://www.popehat.com/2013/04/19/victory-for-blogger-patterico-in-free-speech-case/ :
"Patrick Frey, also known as Patterico, has been living under the cloud of a frivolous,...more
Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more
The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more
In This Issue:
- Court Rules that Yogurt Dispute Belongs Before the FDA
- Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards
- 5-Hour Energy Authorized To Sue...more
Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/):
"In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more
"Cats prefer Whisker Nibblets to Gato Gourmet 4:1." "Only Marie’s sandwich cookies are made with real chocolate and cream." "Seatur’s Slick works 40 percent faster than other leading motor oils." "Shampoo with Lixertonic and...more
Motion to dismiss defamation claim pleaded as a Lanham Act trademark infringement complaint in order to circumvent DMCA section 230.
The court agreed, dismissing the claim in its entirety....more
Brief by the owners of Pissedconsumer.com in opposition to the motion by Classic Brands, LLC, whose complaint was consolidated with the complaint of Ascentive, LLC, to "supplement the record" on its pending application for a...more
A jury in Minneapolis held blogger John (Johnny Northside) Hoff liable for $60,000 in damages for a truthful post charging that the plaintiff was involved in a high-profile mortgage fraud case. The jury agreed with the...more
EFF has served a motion to quash dragnet subpoenas that put privacy and anonymity at risk for the operators of dozens of Internet blogs and potentially hundreds of commenters.
The subpoenas stem from a state lawsuit filed...more
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