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Communications & Media Civil Remedies Civil Procedure

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Federal Court Denies Class Certification in TCPA Suit Against Auto-Lender Exeter Finance

by Burr & Forman on

In Billy Ginwright v. Exeter Finance Corp., No. 8:16-cv-565-TDC, ECF No. 107, 2017 U.S. Dist. LEXIS 194739, 2017 WL 5716756 (D. Md. Nov. 28, 2017), a federal district court recently denied Plaintiff’s motion to certify a...more

Court Bends Every Procedural Rule to Grant Dismissal to Kohl’s in “Opt-Out Evader” TCPA Text Suit –Blesses Contractual Revocation...

by Dorsey & Whitney LLP on

One of the most annoying inhabitants of TCPA land is the Opt-Out Evader. This fellow or lady tries to set up TCPA lawsuits by texting phrases s/he knows will not be recognized by text service providers. Rather than simply...more

Business Litigation Report - November 2017

The Un-Crisis Crisis Law and Strategy Group - No Two Situations Are Alike—That’s the Challenge “How fast can you get to…” “Let’s see. I just got back from London. We’ll be there tomorrow.” As our founder John Quinn...more

Federal Court Applies SPEECH Act to Declare Foreign Libel Injunction Unenforceable in the United States

by Ballard Spahr LLP on

A federal district court in California has declared that an Australian injunction censoring an American advocacy organization—Electronic Frontier Foundation (EFF)—is repugnant to U.S. law and public policy and is, therefore,...more

November 2017: Seven Supreme Court Cases to Watch This Term

Justice Neil Gorsuch began his first full Term on the Supreme Court this October, with court-watchers eagerly anticipating which cases the Supreme Court will take and waiting to see how Justice Gorsuch will affect the...more

US Court Shields Google from Canadian Court Order in Search Delisting Dispute

by Dechert LLP on

In Google LLC v. Equustek Solutions Inc.,1 a United States district court enjoined the enforcement of an order by the Supreme Court of Canada that directed Google to remove content from Google search results. The Canadian...more

CA appellate court upholds most significant portions of $1.15B abatement judgment against lead paint manufacturers

by Dentons on

In a unanimous 138-page decision issued on November 14, 2017, which departed from appellate courts in every other jurisdiction that have considered the issue, the California Sixth District Court of Appeal in People v. ConAgra...more

California Court Holds That Orders Demanding Global De-indexing Threaten Free Speech

by Fenwick & West LLP on

Earlier this year, the Supreme Court of Canada upheld a lower court order ordering Google to de-index a website from its global search results. In its decision, the Canadian high court rejected Google’s arguments that such an...more

CFPB sues nation’s largest debt-settlement services provider

by Ballard Spahr LLP on

The CFPB has filed a lawsuit in a California federal district court against Freedom Debt Relief (FDR) and its CEO for alleged violations of the Consumer Financial Protection Act (CFPA) and the Telemarketing Sales Rule (TSR). ...more

Jay-Z Pleads Court to Remove Him from the Spotlight

by Robins Kaplan LLP on

Jay-Z does not want to be in the spotlight- at least not the spotlight of a New York federal judge. This past April, the hip-hop tycoon and Roc Nation, Jay-Z’s entertainment company, were sued by Iconix Brand Group, Inc....more

Google Gets Their Attorneys’ Fees Back for Having to Fight Off a Weak Patent Infringement Suit

by Knobbe Martens on

Judgments and Awards - On September 25, 2017, a federal court in San Jose, CA awarded the Defendants Google, YouTube, and On2 Technologies $820,321.41 in attorney’s fees. The Court previously held the Plaintiff Max Sound...more

Ninth Circuit Says Plaintiff Might Get Fooled Again

by Carlton Fields on

Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs who know of the alleged...more

Claim Dismissed Against Brand For Deceptive Label, But Retailer May Still Pay - Eidelman v. Sun Prod. Corp., No. 16-cv-3914 (NSR)...

by Carlton Fields on

A negligent misrepresentation claim against laundry detergent brand The Sun Products Corp., for an allegedly deceptive label was dismissed by a New York federal district judge, while an unjust enrichment claim against...more

LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the...more

Cloud Computing: A New Target for Uniloc

As Cloud IPQ will continue to demonstrate, a growing but often overlooked trend of NPE patent litigations against cloud computing providers and users has emerged in recent years. While many NPEs target big technology...more

Ninth Circuit Blocks San Francisco’s Warnings Ordinance for Sweetened Beverages

by Bryan Cave on

In a decision likely to have important implications for regulation of commercial speech, the Ninth Circuit Court of Appeals has blocked a San Francisco ordinance requiring warnings about the health effects of certain...more

Cutting the Cord: Can Courts Trim TCPA Statutory Damages?

Whether courts can reduce statutory damages awards under the Telephone Consumer Protection Act (TCPA) is an ongoing issue because potential liability can be strikingly disproportionate given the lack of actual harm to class...more

No Free Ride for Copycat Perfume Company – Fair Use Rejected, False Advertising Found, Accounting of Profits Awarded

by Dorsey & Whitney LLP on

Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC. In an...more

Wow! Illinois Biometric Privacy Suits Proliferate

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more

Ocwen Predictably Reaches High-Dollar TCPA Settlement Following Class-wide Preliminary Injunction

by Dorsey & Whitney LLP on

By the time the gavel struck back on June 26, 2017, another high-dollar TCPA settlement was inevitable. On that date, Judge Matthew F. Kennelly of the Northern District of Illinois entered an order preliminarily certifying a...more

A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

by Rumberger Kirk & Caldwell on

The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by...more

Red Wings vs Right Wings: Copyright Tarnishment and Other Lessons

by Revision Legal on

We wrote recently about our outrage at white nationalists modifying and using the Detroit Red Wing’s famous “winged wheel” logo. Our outrage continues and we take a closer look at the potential lawsuit that might be in order....more

Jury Tests the Limits in AndroGel False Ad Verdict

In late July, an Illinois jury came to a bizarre verdict in a case over an alleged link between heart attacks and AndroGel, a gel product used for treating low testosterone (or “low T”). The jury found that AbbVie, Inc., the...more

Eleventh Circuit Recognizes Partial Consent Revocation under the TCPA

by Goodwin on

On August 10, in Schweitzer v. Comenity Bank, No. 16-10498 (Aug. 10, 2017), a panel of the Eleventh Circuit expanded liability for companies under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (TCPA)....more

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

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