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Extending the Reach of Octane Fitness Under the Lanham Act **WEB ONLY**

The US Court of Appeals for the Fifth Circuit adopted and applied the Supreme Court of the United States’ rationale for an award of attorneys’ fees in patent cases to a trademark case. In doing so, the Fifth Circuit aligned...more

Federal Judge Dismisses Defamation Suit Against Rolling Stone After Discredited University of Virginia Profile

A New York federal judge recently granted a motion to dismiss a defamation lawsuit against Rolling Stone magazine, its publisher Wenner Media, and journalist Sabrina Rubin Erdely. Three former University of Virginia (“UVA”)...more

Brodeur v. Atlas Entertainment Inc. - Calif. Appeal Court, 2nd Dist., Div. 8, June 6, 2016

Appellate court reverses denial of anti-SLAPP motion brought by producers and distributors of “American Hustle,” holding that film dialogue regarding environmental author’s statement about microwave ovens was in connection...more

Convicted Felon’s Defamation Suit Triggers Multiple Anti-SLAPP Motions

In late March, David Pitts filed suit against two local television stations (Channels 4 and 7), their parent companies, and Patch Media, which runs hyperlocal websites. According to the Superior Court Complaint, Pitts was...more

Social Media Defamation: the #creeper decision

A dispute between suburban neighbours escalated and spilled over into social media when one of the neighbours vented on Facebook. The Facebook posts suggested that the plaintiff was a “nutter” and a “creep” who deployed a...more

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

Location, Location, Location: Fraud Suit Filed Against Anheuser-Busch Over 'Abbey' Beer

As anyone in real estate will tell you, location matters. Apparently, location also matters when it comes to selecting a beer. Recently, a purchaser of Leffe Beers brought a class action lawsuit in Florida federal court...more

DC Court of Appeals Affirms February 2012 Denial of Anti-SLAPP Motion in Newmyer v. Huntington

Waaaaaaay back in early 2012, after a defendant (Huntington) filed a counterclaim against a plaintiff (Newmyer) for defamation, false light and related torts, Newmyer responded by filing an anti-SLAPP motion. Newmyer’s...more

Employer Not Responsible for Employee Defaming Customer on Facebook

In Howard v. Hertz Global Holdings, Inc., a Hawaiian Federal Court found that Hertz Rent-a-Car could not be held responsible for its employee’s Facebook comments about one of its customers. While employers should welcome the...more

Second Circuit Decision Creates Circuit Split and Could Impact Pending DC Appeal

An important decision issued by the Second Circuit last week adds to the growing dissonance among the federal circuits on anti-SLAPP motions.  The ruling could impact a case pending before the DC Court of Appeals, and creates...more

Ninth Circuit Finds First Amendment Protects Against Right Of Publicity Claim Involving Film “The Hurt Locker”

The Ninth Circuit has confirmed that right of publicity claims purporting to arise from expressive works, like films, are content-based restrictions on speech that are presumptively unconstitutional, and generally should not...more

Sarver v. Chartier (USCA, Ninth Circuit, February 17, 2016 )

Ninth Circuit affirms district court’s dismissal of Army sergeant’s lawsuit alleging that main character in film “The Hurt Locker” was based on his experiences without his consent, holding that film spoke to issues of public...more

Will the Zippo sliding scale for Internet jurisdiction slide into oblivion?

Though Internet communications seem to occur in a mystical electronic ether (which we once called cyberspace), authors of Internet messages can be held accountable for them in that very traditional physical place known as a...more

Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?

While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social...more

Second Circuit Tells Public Figures Suing For Defamation: We Need Plausible Factual Allegations Of Actual Malice

In Biro v. Condé Nast, et al., the Second Circuit recently determined that, in a defamation action, limited-purpose public figures must plead in a “plausible way” that the defendants acted with actual malice, citing Federal...more

Warnings Causation Sinks "Failure to Update" Claim

This post is not from the Dechert side of the blog. “Failure to update” claims have multiple problems. You probably already know what we are referring to. Federal law requires that generic drug manufacturers...more

California Court Gets It Wrong On HRT Class Action

We understand that not everyone shares our view of class actions, but we hold certain truths to be self-evident: The government, including its courts, cannot order someone to give money to someone else without due process of...more

Plaintiffs Allege GSK Hid Risk of Birth Defects

The Food and Drug Administration approved Zofran in 1991 for use in cancer patients who required chemotherapy or radiation therapy. The two women have sued GlaxoSmithKline (GSK), the maker of Zofran, accusing it of promoting...more

Insurance Coverage – Bad Faith – Duty to Defend Multiple Policies

21st Century Insurance Co. v. The Superior Court of San Bernardino County - Court of Appeal, Fourth District (September 10, 2015) - Typically, where an insurer is defending an action, it is not bound by any...more

Businesses rejoice but poster beware: Yelp ordered to identify anonymous reviewer

Many business have suffered the misery and frustration of a harshly negative, anonymous online review. That anonymity, critics argue, frees the reviewer from worries about the need for accuracy and, worse yet, encourages the...more

Do Not Mess With Michael Jordan And His Right Of Publicity

After Michael Jordan was inducted into the Basketball Hall of Fame in September of 2009, Sports Illustrated ran a special issue to commemorate Jordan’s achievement and celebrate his career. The issue was to be sold in...more

Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?

Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social...more

A Handmade Dismissal for Maker’s Mark

A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et...more

Who is John Doe? Actor James Woods Brings “Twibel” Case Against Anonymous User “Abe List” for Calling Him A “Cocaine Addict”

Last week, renowned film and television actor James Woods brought a defamation claim against an anonymous Twitter user who tweets from the handle “Abe List,” alleging that Abe List falsely accused Woods of being a cocaine...more

Duke of Brunswick rule strikes out for Internet lawsuits

If you publish something on the Internet, would it be fair if someone could sue you for it many years later? Of course not. Because of statutes of limitation, a claimant has only a limited time period after any...more

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