Supreme Court Holds that District Courts Must Stay – Not Dismiss – Actions...
On May 16, 2024, the United States Supreme Court unanimously held that, when enforcing an arbitration clause subject to the Federal Arbitration Act (FAA), if any party requests a stay, the district...
View ArticleJobiak’s Opposition to Motion to Dismiss Copyright Infringement Claims on...
We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims)....
View ArticleLawsuits Against Web Scraping to Train AI
Plaintiff’s attorneys have filed a wave of lawsuits against various AI tools under a variety of legal theories. Most have had no success so far. Many of the asserted claims have been dismissed for lack...
View ArticlePFAS Litigation: BIC Sued Over ‘Forever Chemicals’ in Razors
On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes...
View ArticleDROP!!!: (Full Episode) Deserve to Win 25 w/ Andrew Perrong Returning to Talk...
The Deserve to Win crew is back with a monster 25th episode.Repeat-litgator turned Plaintiff’s lawyer Andrew Perrong becomes the first person EVER to be invited back to the podcast. He earned his...
View ArticleClass Action Litigation Newsletter | 1st Quarter 2024
Highlights from this issue include:Southern District of New York denies class certification, finding significant credibility issues make proposed class representatives inadequate. Fourth Circuit...
View ArticleMaking Sense of a Rare Robinson-Patman Act Plaintiffs’ Verdict
On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale...
View ArticleWashington District Court Rules Against "Social Casino" Operator
After six years of litigation, the Western District Court of Washington resolved key issues in the case of Larsen v. PTT, LLC, finding on cross motions for summary judgment that the Plaintiff, as class...
View ArticleCalifornia Court Grants Injunction to Stop Prop 65 Warnings for Titanium...
On June 12, 2024, the U.S. District Court for the Eastern District of California (District Court) issued an Order granting a preliminary injunction brought by the Personal Care Products Council (PCPC),...
View ArticleNinth and Second Circuit Courts of Appeals Rule that Preauthorization Process...
Within days of one another, the U.S. Court of Appeals for the Ninth and Second Circuits ruled—on issues of first impression for both—that ERISA expressly preempts state law breach of contract and...
View ArticleJunk Science or Relevant Evidence: Supreme Court Says Experts May Now Aid in...
In criminal cases, oftentimes the most significant element in dispute is whether the defendant harbored the intent to “knowingly” or “willfully” violate the criminal law at issue. If the defendant...
View ArticleUnited States | Supreme Court Rules Against Spousal Interest in Visa Denial Case
The U.S. Supreme Court today ruled 6 – 3 in Department of State v. Muñoz that “a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.”The case...
View ArticleWhenever this Supreme Court Agrees to Review a 9th Circuit Interpretation of...
This morning, our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface...
View ArticleSCOTUS Grants Certiorari to Hear NVIDIA Fraud Appeal on PSLRA Pleading Standard
Last week, the United States Supreme Court granted certiorari in NVIDIA Corp. v. E. Ohman J:Or Fonder AB., Case No. 23-970, to address two fundamental questions about how federal securities fraud cases...
View ArticleEco-Friendly Claims Under Fire: The Legal Risks of Greenwashing for Businesses
In today’s market, eco-friendly claims can serve as a tool for companies looking to attract environmentally conscious consumers. However, this surge in green marketing has also caught the attention of...
View ArticleFor All Intents and Purposes the Ninth Circuit Shakes Up Antitrust Law With...
The June 4, 2024 Ninth Circuit Court of Appeals decision in Sidibe v. Sutter Health marks a potential shift in how rule of reason antitrust cases are approached and adjudicated. The opinion underscores...
View ArticleEvolving Intersection of Pride and Religious Accommodations: What Employers...
June is Pride month, a time when many employers look to incorporate new ways to show support for the LGBTQ+ community, including displaying a Pride flag. A recently filed case in California serves as a...
View ArticleConflicting Decisions Foreshadow Upcoming Disputes in ERISA 401(K) Forfeiture...
Conflicting orders on motions to dismiss from two California courts foreshadow issues for a new theory of ERISA liability. Employers have faced a recent wave of novel ERISA class actions that challenge...
View ArticleREAL ESTATE AGENTS/BROKERS BEWARE: HomeSmart International and Two Brokers...
Real estate brokerage HomeSmart International is caught up in a new TCPA class action as a result of text messages allegedly sent by two brokers– NATOSHA MOORE, and ELEAZAR MEDRANO, who are named...
View ArticleClik here to view.
New Obviousness Standard for Design Patents Has No Impact on $18 Million Jury...
One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona...
View Article