Supreme Court Addresses Circuit Split Over Cramdown Plans Precluding Credit Bidding by Duane Morris LLP on 5/23/2012 In a docket crowded with blockbuster cases this term, the Supreme Court's decision concerning the circuit split over cramdown plans precluding credit bidding by secured lenders may not stoke as much passion or fury as the...more
Ninth Circuit: FDA Regulations Broadly Preempt Food Labeling Claims by Morrison & Foerster LLP on 5/22/2012 Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more
Patterson Belknap Secures Major Win For Coca Cola: Ninth Circuit Holds False Advertising Claims Against FDA-Authorized Label Are... by Patterson Belknap Webb & Tyler LLP on 5/22/2012 The U.S. Court of Appeals for the Ninth Circuit held last week that The Coca Cola Company cannot be sued under the Lanham Act over the name and labeling of a juice product that is authorized by FDA regulations. In doing so,...more
US Federal Trade Commission ruling that POM Wonderful Makes False Advertising Claims by JD Supra Law News on 5/17/2012 Full text copy of the 330-age US FTC ruling that POM Wonderful’s claims about the health benefits of drinking its pomegranate juice constitute false advertising. From Courthouse News: “Pom Wonderful makes deceptive...more
POM Wonderful LLC, v. The Coca-Cola Company Ninth Circuit Court of Appeals ruling in POM Wonderful LLC, v. The Coca-Cola Company by JD Supra Law News on 5/17/2012 Full text copy of the US Court of Appeals for the Ninth Circuit decision dismissing POM Wonderful’s Latham Act false advertising claims against Coca-Cola for the labeling used to describe its Minute Maid Pomegranate Blueberry...more
Using Federal Antitrust Law To Void Class Action Waivers by Zelle Hofmann Voelbel & Mason LLP on 5/15/2012 Originally published in Competition Law360 on May 15, 2012. Last year, in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the U.S. Supreme Court held that the so-called “collective arbitration waivers” (also...more
Tenth Circuit Permits Trade Group Challenge to New Mexico Fair Credit Reporting Act by BuckleySandler LLP on 5/14/2012 On May 7, the U.S. Court of Appeals for the Tenth Circuit published an opinion that a trade group has standing to sue the Attorney General of New Mexico over that state’s credit reporting and identify theft requirements....more
Third Circuit Holds FLSA Collective Actions and State Law Class Actions Are Not Inherently Incompatible by Cole Schotz on 5/2/2012 In the recent case of Knepper v. Rite Aid Corp., --- F.3d --- (3d Cir. 2012), the Third Circuit Court of Appeals joined the Second, Seventh, Ninth and D.C. Circuits in holding that Fair Labor Standards Act (“FLSA”) collective...more
Van Breda: The Supreme Court of Canada Provides Clarity to Canadian Conflict of Laws Rules by Field Law on 4/30/2012 It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders. A product manufactured in one country, can be distributed and sold...more
New York Appellate Court Holds that Federal Law Does Not Preempt State Contract and Consumer Protection Laws in Gift Card Suit by BuckleySandler LLP on 4/30/2012 On April 17, 2012, the Appellate Division of the New York Supreme Court held that federal laws and regulations do not preempt state contract and consumer protection laws, reversing an earlier trial court decision dismissing a...more
NLRB Notice Posting Saga Continues: Federal Court Blocks Board's Rule by McNees Wallace & Nurick LLC on 4/24/2012 he National Labor Relations Board’s notice posting rule has been under fire since it was issued last year. In the past few months, the rule has garnered significant attention in courts around the country. The rule would...more
Trying to Sanction Away Preemption (and Failing) by Dechert LLP on 4/20/2012 We always try to keep things lively around here. Law can sometimes be drudgery. But we don’t ever want that type of atmosphere to seep into this blog. That’s one of the reasons the blog is here: to discuss what we do...more
Court of Appeals Enjoins Implementation of NLRB Rule Regarding Notices About Workers’ Rights April 19, 2012 by Foley Hoag LLP on 4/19/2012 On August 25, 2011, the National Labor Relations Board (“NLRB”) implemented a rule requiring virtually all private employers in the United States to post a notice about workers’ rights under the National Labor Relations Act...more
UK Judgment Validates ISDA Master Agreement Performance Suspension Provision by Katten Muchin Rosenman LLP on 4/18/2012 Section 2(a)(iii) of every standard International Swaps and Derivatives Association (ISDA) Master Agreement provides in relevant part that a non-defaulting party does not have to perform so long as any event of default or...more
Ninth Circuit Affirms Dismissal of Class Action; Federal Preemption and “Implausible” Claims by Cadwalader, Wickersham & Taft LLP on 4/13/2012 MIRKO CARREA, on behalf of himself and those similarly situated v. DREYER’S GRAND ICE CREAM, INC., No. 11-15263 (9th Cir. 2012), is a recent decision from the Ninth Circuit affirming a dismissal of a putative class action for...more