News & Analysis as of

Reasonable Person Test

NLRB’s “Biggest Idiot” Test Benchslapped

by Sherman & Howard L.L.C. on

The NLRB analyzes employer policies to see if the policies “chill” employees’ rights to engage in concerted protected activity under the NLRA. The NLRB says it applies a “reasonable person” test, which asks “would a...more

Federal Circuit Review | March 2017

by Knobbe Martens on

Federal Circuit Remands IPR Final Decision For Inadequate Obviousness Analysis, Sidesteps Issue of Proper Claim Construction Standard - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2016-1174, the Federal...more

Huggers And Massagers Beware: Ninth Circuit Sends Office Hugger Case To Trial

by Hirschfeld Kraemer LLP on

We all know this creepy guy. In some offices, he bear hugs female co-workers. In others, he serves as the office masseuse, casually massaging the shoulders of any seated woman he passes in a conference room....more

Be Reasonable: Qualified Immunity, After-Discovered Facts, and the Case of Hernandez v. Mesa

In some form or fashion, law students learn that the words “reasonable man” denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the...more

Not Sweet Enough: Ninth Circuit Tosses Claims Over Fresh Sugar Lip Balm Labeling and Packaging

Plaintiff Angela Eber filed a putative class action against Fresh, Inc. alleging that the label, design and packaging of its Sugar lip balms deceived consumers about the amount of available product. In a published panel...more

An Unrealistic Threat Of A Pay Cut To A High-Level Employee Is Not An Adverse Action, So Says The Fifth Circuit

To prove retaliation a plaintiff must show that he or she suffered an “adverse employment action” – an issue that is often conceded by employers defending against such claims. However, the Fifth Circuit’s recent decision in...more

False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed

On November 2, 2015, Judge Alsup of the Northern District of California dismissed a consumer class action against food manufacturer Plum Organics for failure to state a claim. In Workman et al. v. Plum Inc., D/B/A Plum...more

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Servicers Beware: RESPA Transfer of Servicing Letter May Trigger FDCPA Initial Debtor Communication Disclosure Requirement

by Goodwin on

In Hart v. FCI Lender Services, Inc., the Second Circuit made it clear that servicers should pay close attention to initial communications with borrowers upon commencing loan servicing when it determined in an August 12, 2015...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

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

Two Judges in the Central District of California Dismiss Labeling Class Actions, Finding Claims Challenging Strawberry Images on...

Judges George Wu and Manuel Real both recently dismissed two class actions in the Central District of California that challenged the labeling of food and cosmetics as false and misleading. Defendants (represented by a team...more

She Can’t Believe It’s Not Butter: Recent California Decision Reinforces the “Reasonable Consumer Standard” in Consumer Class...

by K&L Gates LLP on

In recent years, California retailers and product manufacturers have been inundated with consumer class action lawsuits. Because the question of whether a given product’s label and related representations are false or...more

Continuous Disclosure – What to Say and When?

by K&L Gates LLP on

Key Points - Continuous disclosure is one of the key elements of ensuring market integrity. With the recent amendments to the Listing Rules and the introduction by the Australian Securities Exchange (ASX) of a new...more

14 Results
|
View per page
Page: of 1
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.