Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
In 2011, the Michigan legislature enacted laws barring sexually oriented businesses from displaying signs on premises, or off-site billboards, that contain more than "words or numbers." See MCL §§ 125.2833 and 252.318a. ...more
In his Renewed Motion to Dismiss (“the Motion”), Mr. Frey established that the First Amended Complaint (“FAC”) fails utterly, as did its predecessor, to meet the standards required to sustain a lawsuit under Fed. R. Civ. P....more
From the Introduction: This is a motion to dismiss Plaintiff’s First Amended Complaint (“FAC”). In moving to dismiss the first Complaint filed in this action, defendant John Patrick Frey (and former defendant Christi Frey)...more
In 2010, Ontario's Anti-SLAPP Advisory Panel released released its Report to the Attorney-General. (A "SLAPP" is a "Strategic Lawsuit Against Public Participation" - a lawsuit intended to silence criticism by employing a...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
Table of Contents: Capitol Records Inc. v. Thomas-Rasset - Circuit court reinstates $222,000 statutory damages award against defendant, individual, for willful infringement related to her downloading and making...more
You might remember KaZaA, a file-sharing site that allowed users to share music. Jammie Thomas-Rasset likely remembers it, and vividly. She was the first person to challenge the recording industry when it began coming after...more
Other than drawing more attention to the damaging online material, paying for a lawyer and having to answer uncomfortable questions under oath, what are the other risks about bringing a defamation claim? If you are not...more
In This Issue: - Floyd Mayweather, Jr. Says “Yep” to Copyright Infringement Suit...1 - Former Gold Medalist Can’t Clear Olympic Ad Hurdle...2 - Delay of Game in Former Coach’s NCAA Lawsuit...3...more
Louis Vuitton has been busy practicing all kinds of legal kung fu in court lately. First, it unleashed a Chuck Norris-like flurry of legal roundhouse kicks to the dome upon hundreds of counterfeiters in the form of...more
A Texas couple was awarded $13.8 million by a jury for defamation after anonymous posters to the Internet site Topix.com accused them of being sexual deviants, rapists, and drug dealers. Mark and Rhonda Lesher said they...more
In This Issue: - Paul Watler's Perspective A Million to None in Texas Defamation Rulings — The same red-flag words may yield vastly different results in defamation litigation. Two recent Texas rulings serve as...more
The Communications Act's ban on noncommercial broadcast stations running political and issue advertising was struck down as unconstitutional by the US Court of Appeals for the Ninth Circuit. While the Court upheld the...more
In This Issue: Not a Dry Case – Judge Lifts Restrictions on Alcohol Advertising in Texas; Tostitos, SunChips, Tropicana Targets of New Suits; Literally True Claim May Still Convey False Message, NAD Cautions; Do Not Pass...more
The November 7, 2011, decision of Judge Richard J. Leon of the United States District Court for the District of Columbia preliminarily enjoining FDA’s final rule requiring cigarette companies to place graphic and textual...more
In This Issue: Netflix Goes on the Offensive, Challenges VPPA; Companies Can Be Liable for Consumer Costs of Security Breach; NAD Reviews Allegra Ad Claims; Fiber = Processed Fiber for Ad Purposes; and Second Circuit:...more
In This Issue: Suit Challenging LEED Certification Dismissed; Second Circuit Upholds $1.9 Million Judgment Against Marketer Of Weight Loss Products; CVS Reaches $2 Million Settlement With California DAs; Google, DOJ...more
On June 20, 2011, in Barclays Capital Inc. v. TheFlyontheWall.com, Inc. (Fly), a three-judge panel of the U.S. Court of Appeals for the Second Circuit clipped the wings of the “hot news” misappropriation doctrine, holding...more
"For lo the Winter is past, the rain is over and gone." Song of Solomon, 2:11. Except it's not gone. The torrents of Spring have arrived in the Delaware Valley. Yesterday was dank and stormy, and it shows no signs of letting...more
Paul Levy of Public Citizen is the primary author of this brief. This description is taken from Public Citizen's website (http://www.citizen.org/litigation/forms/cases/getlinkforcase.cfm?cID=655). Jermaine Hall, the...more
In Kwikset v. Superior Court (Jan. 27, 2011) __ Cal.4th __, the California Supreme Court greatly expanded the standard for determining whether a plaintiff has standing to sue under the Unfair Competition Law (“UCL”), Business...more
EFF urged a federal appeals court to allow the live webcasting of a hearing in one of the thousands of lawsuits that have been brought against users of peer-to-peer file-sharing systems. The District Court granted...more
Everywhere we turn, someone is blogging about something. We have come to expect that we will get much of our news through one form of web media or another. Many people subscribe to a certain web sites because the posts are in...more
IN THIS ISSUE- Totally Cool: Tennessee Class Action Lawsuit Smoked; New Hampshire Interest and Dividends Tax: Who’s Taxable Now?; South Carolina Goes Off the TRAC; Valuation, Revaluation, and Ohio Property Tax; SALT Pet(s) of...more
In This Issue: *IAB To Produce Standards For Tablet Ads *Judge Freezes Assets, Stops Operations of Telemarketing Company *Suit Against Craigslist For Fake Ads Can Proceed *Federal Reserve Board Issues Final...more
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