Civil Procedure, Communications & Media Law, Personal Injury

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

by Jennifer M. McPheeters | Carlton Fields on 5/7/2013

In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more

Texas Court Allows Defamation Claim Against Landowner to Proceed

by Cassie J. Dallas | BakerHostetler on 4/26/2013

On Monday, Texas’s Second District Court of Appeals partially affirmed a District Court order allowing Range Resources Corporation’s (“Range”) defamation and business disparagement claims against a landowner to...more

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

by Emily Huters | Morrison Foerster - Social Media on 4/17/2013

A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...more

The Duty To Preserve Social Media Information

by Michael Schmidt | Cozen O'Connor on 4/10/2013

It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more

Paying College Players

by Derek Allen | Winthrop & Weinstine, P.A. on 3/27/2013

As my diehard readers (maybe reader? Hi Mom! (Just kidding, I’m pretty sure even she doesn’t read these)) will remember, I blogged about pending litigation between former college athletes and the NCAA regarding whether...more

Defrauding Facebook: How One Man Almost Stole The World’s Largest Social Network

by The Law Offices of Tacopina Seigel and... on 3/11/2013

In October 2012 Paul Ceglia of New York was arrested on charges he forged documents in a multibillion-dollar scheme to defraud Facebook and its chief executive Mark Zuckerberg. Mr. Ceglia had brought a much publicized lawsuit...more

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

by Shep Davidson | Burns & Levinson LLP on 2/22/2013

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more

UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform...

by Robert Balin, Jeremy Chase | Davis Wright Tremaine LLP on 2/20/2013

In a unanimous ruling issued on Thursday, Feb. 14, 2013, the England and Wales Court of Appeal held that Google may be deemed a “publisher” of (and held liable for) defamatory user-generated content appearing in blogs hosted...more

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

by Alexis Amezcua | Morrison & Foerster - Private Surgeon... on 2/15/2013

As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more

Class Certification Denied In Recent Consumer Products False Advertising Cases

by Nicole Skolout | BakerHostetler on 2/14/2013

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in...more

Two Federal Cases Hold Website "Responsible" for Postings on thedirty.com

by Robert Rogers | Holland & Knight LLP on 2/1/2013

Courts in Kentucky and Maryland — in a pair of cases involving the saucy website thedirty.com — have broken new ground by suggesting that website operators can waive immunity under the Communications Decency Act (CDA) for...more

Faulkner v. ADT and the Landscape for CIPA Class Actions

by Michael Bracken, Thomas Gilbertsen, Daniel Silverman | Venable LLP on 1/25/2013

Last week the Ninth Circuit ruled on the issue of whether a business can be held liable under the California Invasion of Privacy Act, Cal. Penal Code § 632 (“CIPA”) for monitoring or recording its own customer service...more

Miss Universe Pageant Scores Big Against Former Contestant

by Greenberg Glusker Fields Claman & Machtinger... on 1/7/2013

The Quaker State can be proud of many things. The Liberty Bell. Andy Warhol. Tastykake. Trading Places. The Immaculate Reception. But one part of its history that Pennsylvania may wish to forget (besides dog killer...more

California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on...

by Thomas Burke, Jeff Glasser, Rochelle Wilcox | Davis Wright Tremaine LLP on 1/7/2013

A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP...more

Facebook Photos And Comments Can Hurt You In Personal Injury Cases

by Tate Law Group, LLC on 12/26/2012

Insurance companies are increasingly turning to Facebook and other social media websites to find personal information about claimants that can result in denied claims, says a report in Insurance News Net. Claimants in...more

General Mills Points to Ingredient List in Defense of “100% Natural” Claims

by Rebekah Kaufman | Morrison & Foerster - Private Surgeon... on 11/30/2012

General Mills recently filed a motion to dismiss a putative class action accusing the company of falsely advertising its popular Nature Valley granola products as “100% natural.” Chin et al. v. General Mills, Inc., Case No....more

Generic Drug Law Update -- November 2012: An Agency "Warning Letter" Does Not a Lawsuit Make: Sometimes a "Warning Letter" Is...

by Carol Brophy | Sedgwick LLP on 11/14/2012

The number of consumer class action complaints brought against product manufacturers under state consumer protection and/or false advertising law statutes continues to rise. This increase can be traced in part to some...more

Jury Trials in the Age of Social Media

by Barry P. Goldberg, A Professional Law... on 10/22/2012

Social Media like Facebook is everywhere and impacts everything we do--including the jury trial process. In California, new jury instructions and admonitions have been adopted to face this development head on. However, the...more

Don’t Forget Social Media During Discovery

by Miller Canfield on 9/20/2012

Social media continues to be important in litigation, especially in cases where the plaintiff alleges damages for emotional distress or mental injury. Courts are increasingly allowing discovery of the plaintiff's social media...more

Dennis v. Kellogg Company: Ninth Circuit Court of Appeals Sets Aside Class Action Settlement Because Terms Did Not Meet Legal...

by Sheppard Mullin Richter & Hampton LLP on 9/18/2012

In Dennis v. Kellogg Company, No. 11-55674 & No. 11-55706, 2012 U.S. App. LEXIS 18576 (9th Cir. Sept. 4, 2012), the Ninth Circuit Court of Appeals reversed the district court’s approval of a class action settlement because...more

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Civil Procedure › Communications & Media Law › Personal Injury