Communications & Media Law, Personal Injury, Civil Remedies

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

Gatekeepers And Online Defamation

by Tim Banks | Dentons on 4/4/2013

The scourge of online defamation poses enforcement challenges for victims. So much so that there may be a temptation to begin looking for gatekeepers. The direction of the law appears to be ready to assist....more

Does Your CEO Own Her LinkedIn Account? One Court Says Yes, But…

by Daniel A. Schwartz | Pullman & Comley, LLC on 3/21/2013

In legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case out of Pennsylvania where the issue who owned a LinkedIn page and contacts (the employee vs. the employer)...more

A Busy Day of Civil Arguments at the Illinois Supreme Court

by Kirk Jenkins | Sedgwick LLP on 3/19/2013

Tomorrow will be a busy day for the Illinois Supreme Court's civil docket, with five cases being argued, beginning at 9:00 a.m. They are...more

Beauty Queen Pays $5M for Calling Miss USA Contest ‘Rigged’

by Sylvia Hsieh | Lawyers.com on 12/26/2012

A beauty queen who said the Miss USA contest was fixed must pay the pageant $5 million for defamation. Miss Pennsylvania USA, Sheena Monnin, said on Facebook and on the “Today” show that the five Miss USA finalists were...more

Tobacco Company Gets Burned in Teenage Smoking Case

by Sylvia Hsieh | Lawyers.com on 12/19/2012

Tobacco giant RJ Reynolds has been stung by a $1.3 million jury verdict for not warning a smoker during his teenage years that smoking is addictive and could cause cancer. William Champagne was born in 1950 and began...more

Early Mitigation of Defamation Damages

by Pepper Hamilton LLP on 10/23/2012

Originally published in the Fall 2012 issue of Business Torts Litigation (Vol. 20, No. 1). While it may not be true that the pen is mightier than the sword, in the defamation world, it is unquestionably the case that...more

Stopping Competitors From Denigrating Your Product

by Greenberg Glusker Fields Claman & Machtinger... on 10/8/2012

"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

Panties: 1, Fair Use Doctrine: 0

by Greenberg Glusker Fields Claman & Machtinger... on 9/19/2012

Picture a sexy young bride, reclining sensuously on the nuptial bed. Smiling seductively, she lifts her wedding dress — a stretch white mini — to give her new husband a glimpse of the lingerie covering her private parts....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

If the topless pictures of Kate Middleton were taken in Massachusetts, would she have had a legal claim under Massachusetts law...

by George Bourguignon on 9/17/2012

If you believe you may have a claim for violation of your privacy rights or are a party to a court case that involves the right to privacy, you may what to give this post a read. Contact: George E. Bourguignon, Jr.,...more

Advertising Law -- August 2, 2012

by Manatt, Phelps & Phillips, LLP on 8/2/2012

In This Issue: *9th Circuit Rejects $10.6M Settlement in Kellogg False Claim Suit *Court Tosses LinkedIn Suit – Again *Actions Can Imply Consent in Publicity Rights Suits, Court Says Consumer Awareness of...more

Lanham Act Dust Up Over Vacuum Cleaner Claims Clarifies Literally False Standard

by Foley Hoag LLP - Trademark, Copyright &... on 7/30/2012

A federal district court in Massachusetts was recently sucked into a false advertising dispute between manufacturers of competing vacuums and steam cleaners over alleged violations of Section 43(a) of the Lanham Act. The...more

Mobile Marketing Class Action Litigation 2.0: Enterprising Plaintiffs’ Lawyers Assert Novel Class Claims Under the TCPA

by Sedgwick LLP on 7/30/2012

Never let it be said that plaintiffs’ lawyers are not an enterprising lot. The old adage that you can’t get blood from a stone continues to apply, but not evidently to plaintiffs’ lawyers. They continue to push the envelope...more

Conclusion of Online Defamation Series – Anti-SLAPP

by Looper Reed & McGraw, P.C. on 7/26/2012

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

Albert Einstein, Marilyn Monroe, and the Right of Publicity

by Manatt, Phelps & Phillips, LLP on 6/25/2012

Rumored to have known each other intimately in life, Albert Einstein and Marilyn Monroe have now symbolically met in death in the courtroom. A court has ruled that Einstein and his estate possess rights that other courts have...more

E-mail Campaign Complaining About Retailer Results in Damages for Defamation

by Dentons on 6/25/2012

Social media is great “word of mouth” advertising when things go right. It can also be a nightmare in damage control when things go wrong. Sometimes the unsatisfied customer just lets it rip fairly or unfairly. In a...more

The Cost of Fake Online Reviews Goes Beyond Morality

by Looper Reed & McGraw, P.C. on 6/8/2012

Hopefully, you’ve decided to read on because you believe you may be victim to a fake competitor review and you are not looking for advice on how to get away with it. If you are looking for advice on how to get away with it,...more

The New Jersey Supreme Court Reaffirms Presumed Damages for Defamation, Limits Compensatory Damages

by Schnader Harrison Segal & Lewis LLP on 5/31/2012

The New Jersey Supreme Court has strictly limited the ability of defamation plaintiffs to recover anything other than nominal damages under the presumed damages doctrine. While the Court reaffirmed that presumed damages still...more

Jury Awards $13.8 Million in Internet Defamation Suit

by Lawyers.com on 5/25/2012

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

Corporate Websites: Be careful who you’re linking with

by Morrison & Foerster LLP on 5/25/2012

The English High Court has opened up the possibility that, even if a website is not itself defamatory, if it hyperlinks to a different website which is defamatory, the operator of the originating website could still be liable...more

Abbott Labs to Pay $1.5 Billion in Depakote Settlement

by Lawyers.com on 5/9/2012

Abbott Laboratories Inc. pleaded guilty and agreed to pay a $1.5 billion settlement for the company’s off-label promotion of anti-seizure drug Depakote. Depakote may be used only for epileptic seizures, bipolar mania and...more

Jackson Walker VIA Media postcard - April 2012

by Jackson Walker on 5/2/2012

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

Advertising Law -- March 23, 2012

by Manatt, Phelps & Phillips, LLP on 3/26/2012

In This Issue: *Manatt’s Advertising Practice a Finalist for 2012 Chambers USA Awards for Excellence *Back to the Drawing Board: Federal Judge Rejects FTC Settlement *“Cruelty-Free” Claims Subject of False...more

Ninth Circuit Decertifies Consumer Fraud Class

by Dechert LLP on 1/18/2012

The Ninth Circuit last week reversed the certification of a nationwide class raising consumer fraud claims against an auto maker. See Mazza, et al. v. American Honda Motor Co., No. 09-55376 (9th Circuit). Honda appealed...more

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Communications & Media Law › Personal Injury › Civil Remedies