Communications & Media Civil Procedure Constitutional Law

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Amarin Pharma v. FDA – More Briefs Filed Regarding Off-Label Promotion And The First Amendment

Our prior posts looked at the Amarin Pharma, Inc. v. United States Food and Drug Administration lawsuit, which raises issues regarding the First Amendment and how it applies to speech by drug and device manufacturers...more

California’s Eraser Law: What IP Attorneys and Owners Need to Know

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...more

8th Circuit Revives Dismissed TCPA Action

On June 8, 2015, the 8th Circuit reversed the Eastern District of Missouri and revived class claims in Golan et al. v. Veritas Entertainment, LLC et al. In Golan, the plaintiff alleged that the defendants—producers of the...more

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

Rogue Witnesses (Silicon Valley, Episode 17)

In Episode 17, Hooli’s lawsuit appears to be nearing its end – with Hooli poised as the apparent victor. In Episodes 9 and 10 the show had positioned the case so we thought Pied Piper was sure to win. What happened? The...more

Michael Jordan Defends His Right to Remain in Court to Protect His Likeness

On March 19, 2015, Wilson Elser published “Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer,” an Alert concerning a case in which Michael Jordan was denied summary judgment on his...more

Zappos proposed data breach class action litigation dismissed

Continuing the growing trend of dismissing data breach cases when there is no evidence of actual harm, the United States District Court for the District of Nevada last week dismissed a class action case filed against Zappos...more

Merely a Witness? The Uncertain Rights of a Complainant in Disciplinary Proceedings

Is the law surrounding the rights of complainants in disciplinary proceedings sufficiently settled so as to allow for a Court to dismiss the complainants’ application for judicial review without a full hearing on the merits?...more

SLAPPed Down: Washington Supreme Court Declares Anti-SLAPP Statute Unconstitutional

On May 28, the Washington Supreme Court held in Davis v. Cox that the state’s primary anti-SLAPP statute, RCW 4.24.525, violates the right to a jury trial guaranteed by the Washington Constitution. The statute, which creates...more

How Does the Supreme Court’s Recent Facebook Decision Impact Schools?

In a recent decision, Elonis v. United States, the U.S. Supreme Court held that in order to convict a man for alleged threats made against his wife on Facebook, the prosecutor must show some level of intent. It was not enough...more

Think your Cellphone Usage is Private? Think Again

In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users. As the Tech World was focused on Miami for the second annual eMerge conference, the court...more

Trademark Review | May 2015

Attorneys’ Fees Might be More Readily Granted in Trademark Cases - Last year, the U.S. Supreme Court relaxed the standard for awarding attorneys’ fees to the prevailing party in patent infringement cases. Octane...more

State Supreme Court Strikes Down Washington’s Anti-SLAPP Statute

The Washington Supreme Court this morning invalidated the state's broad anti-SLAPP statute, holding in a unanimous opinion that the law violates the constitutional right to a jury trial. The decision strikes the statute in...more

The First Amendment Trumps Trademark Rights in Radiance Found, Inc. v. NAACP

When a pro-life columnist publicized a biting article criticizing the NAACP’s stance on abortion rights, the NAACP retaliated with a cease and desist letter accusing the columnist of trademark infringement. When the dust...more

Supreme Court to Resolve Circuit Split on Whether Rule 68 Offer Moots Claims Prior to Class Certification Motion

On May 18, 2015, the U.S. Supreme Court granted certiorari in Campbell-Ewald Company v. Gomez (“Gomez”), potentially opening the door for the high court to resolve a split among the circuits on the issue of whether an offer...more

Supreme Court Grants Cert In U.S. Navy Texting Suit

On May 18, 2015, the United States Supreme Court granted certiorari to consider the issue of whether a proposed class action is mooted when the named plaintiff receives an offer of complete relief on his claim. See...more

Supreme Court to Determine if Offer of Relief to Named Plaintiff Moots Class Action

Over the past several years, employers defending wage and other class action lawsuits have increasingly used a procedural move intended to defeat the class claim. In these cases, the employer offers complete financial and...more

Call Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability

On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation...more

Yelp Fights for the Right to Complain Anonymously

In e-commerce, user reviews can make or break a business. Review sites such as Yelp are a double edged sword for merchants and service providers: on one hand satisfied customers can generate buzz about the company and bring...more

Supreme Court to decide if a TCPA class action can be mooted by a pre-certification offer of judgment

Monday, the United States Supreme Court accepted certiorari to review the Ninth Circuit’s decision in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), which involved a TCPA class action brought by the recipient of a...more

Federal Court Denies Certification, Declines To Infer A Lack of Consent From A Lack Of Documentary Evidence Of Consent

The Middle District of Florida recently denied class certification because the plaintiff failed to prove that consent (or more to the point, an alleged lack of consent) could be established on a classwide basis. In doing so,...more

Supreme Court to Decide Whether Offer of Judgment Can Moot TCPA Class

Deciding to step in to resolve a splint in the Circuits, the United States Supreme Court announced today that it granted a petition for a writ of certiorari in Campbell-Ewald Co. v. Gomez, No. 14-857. That means that the...more

Fatwas & the First Amendment: 9th Circuit Reverses Takedown Order of Video that Preceded Benghazi & Cairo Protests

A young actress agreed to appear in a low-budget, Middle Eastern themed action film. The producer re-cut and over-dubbed the video, which included five seconds of the actress’ performance, fashioning it into “Innocence of...more

Full Ninth Circuit Nixes Controversial Copyright Decision

On Monday, May 18, 2015, the Ninth Circuit, sitting en banc, overturned a highly-controversial opinion in Garcia v. Google, Inc., in which a three-judge panel of the Ninth Circuit reversed the trial court and held that an...more

U.S. Supreme Court to Use TCPA to Determine Power of Rule 68 Offers of Judgment

Three weeks ago, the U.S. Supreme Court raised eyebrows when it granted certiorari in Spokeo, Inc. v. Robins, — S.Ct. —, 2015 WL 1879778 (Apr. 27, 2015), where it appears the Court will decide whether a consumer has...more

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