Civil Sexual Assault Episode 6: Changes in the area of Civil Sexual Assault
Civil Sexual Assault Episode 5: Assessing Sexual Assault Claims
Civil Sexual Assault Episode 4: Challenges Facing Institutions Subject to Sexual Abuse Claims
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
Civil Sexual Assault Episode 3: Challenges Facing Survivors Seeking Redress Through the Civil Courts
The Keys to Assessing Sexual Abuse Claims - Civil Sexual Assault Episode 2
Civil Sexual Assault: Options for Redress
What happens if more than one person is responsible for an accident?
Catastrophic Impairment: What it means and why it's important to you if you've been hurt in a car accident
What is Subrogation and How Does it Affect Settlement Amounts?
Superman's Legal Duty
Gene Grabowski on Pharmaceutical & Medical Devices
Best Practices: Institutional Response to Sexual Misconduct (Podcast)
What Money Damages Are Available In A Personal Injury Claim?
Do you know the restrictions for a probationary driver in New Jersey?
Car Accidents and the Things You Need to Know
Webinar: Investigating and Resolving Sexual Assaults on Campus
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
Money Talks: Safe Places & Breach of Security (Part I)
In Moore v. GNC Holdings, Inc., Southern District of Florida Judge Dimetrouleas ordered partial summary judgment in favor of GNC and against the class as to plaintiffs’ damages claims under Florida’s Deceptive & Unfair Trade...more
The Spanish Supreme Court has ordered French daily newspaper Le Monde to pay damages of €300,000 to Real Madrid and €15,000 to FC Barcelona for linking the Spanish football clubs to a doping plot....more
I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more
Judge Thrash issued a ruling granting in part and denying in part the motion for summary judgment of plaintiffs (Jill Gibson Bell, et. al., hereinafter “Gibson Family”) against Billy Darren Foster (“Foster”) for trade mark...more
Deepak Kalpoe, et al. v. The Superior Court of Los Angeles County -
Court Of Appeal, Second Appellate District (December 17, 2013) -
In lawsuits for libel or defamation against certain publications and broadcasters,...more
As a lawyer who regularly represents victims of sexual abuse, I was interviewed by Law Times about the quantum of damages awarded to successful plaintiffs in civil claims for sexual assault and sexual abuse. While the courts...more
Provisions of the Nova Scotia Cyber-safety Act came into force today, as announced by the Minister of Justice of Nova Scotia....more
On July 28, 2013, Washington’s version of the Uniform Correction or Clarification of Defamation Act will take effect. Designed to give incentives to publishers and prospective libel plaintiffs to settle their disputes before...more
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
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
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
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
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
"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
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
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 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
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
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
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
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
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
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.
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 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
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