No Confusion From Keywords: Federal Courts of Appeals Help Defendants Facing...
In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches. While...
View ArticleFederal Court Upholds Mass. 93A Claim for Medical Data Disclosure Omissions
On Oct. 25, 2024, the United States District Court for the Northern District of California considered a motion to dismiss a putative nationwide class action for failure to state a claim under...
View ArticlePRIVACY ON ICE: A Chilling Look at Third-Party Data Risks for Companies
An intelligent lawyer could tackle a problem and figure out a solution. But a brilliant lawyer would figure out how to prevent the problem to begin with. That’s precisely what we do here at Troutman...
View ArticleTackling the Unexecuted Damages Model Dilemma When Opposing Class...
Earlier this year, the Court of Appeals for the Ninth Circuit issued its decision in Lytle v. Nutramax Labs, Inc., finding that a class action plaintiff may rely on a model to demonstrate that damages...
View ArticleCalifornia Is the First State to Adopt Intersectionality of Protected...
California continues to be the birthplace of ideas that complicate employment laws.True to form, it is the first state to adopt the concept of intersectionality in its anti-discrimination statutes.On...
View Article“Conquesting”: Use of Rival’s Name as Keyword Search Term Isn’t Actionable...
Noting how rare it is for trademark infringement cases to be decided on summary judgment, the US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment finding...
View ArticleSUMMARY JUDGMENT GRANTED!: Defendant Stipulated to Bad Facts and Court May...
An interesting case just came out of the Western District of Washington that emphasizes the importance of having good defense counsel. In it, the Court seems to chastise the defendant for stipulating...
View ArticleRecent California Federal Court Decision Indicates That Determining Whether...
In a previous article that we published in October 2023, we detailed California’s forthcoming amendment to its noncompete law. That law, which is codified in California Business & Professions Code...
View ArticleThe Power of Incorporation Compels You: Surety Succeeds in Compelling...
In Swinerton Builders, Inc. v. Argonaut Insurance Co., Swinerton Builders, a contractor, sued a surety on bond claims arising from defaults by its subcontractor on a series of work orders. The owner of...
View ArticleCalifornia Adds New Options to Growing Menu of Prop 65 Warning Labels for...
California recently amended its Proposition 65 regulations[1] to add several additional alternative “safe harbor” warning labels for foods containing acrylamide, a naturally-occurring byproduct that...
View ArticlePHARMACIES, PIXELS, AND PRIVACY: Costco’s Prescription for Legal Trouble
I’m back with the latest decision that could reshape how companies handle digital health information. A federal court in the Western District of Washington has largely greenlit a lawsuit challenging...
View ArticleCALIFORNIA AI LAW HIT WITH A CONSTITUTIONAL CHALLENGE: X Corp. Attempts To...
Elon Musk, through X Corp., has filed a landmark lawsuit in the Eastern District of California challenging California’s Assembly Bill 2655 (AB 2655), alleging it violates constitutional protections and...
View ArticleHASHING IT OUT!: Jornaya’s Data Tech Victory Over CIPA Claims
Greetings CIPAWorld!I’m back with the latest scoop to lead you all into a fantastic Thanksgiving Holiday.The United States District Court for the Northern District of California has issued a...
View ArticleThree Point Shot - November 2024
Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World AquaticsIn a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California...
View ArticleDOORDASH UNDER FIRE AGAIN: Plaintiff Alleges He Received More Than 500 Robocalls
Hi TCPAWorld!Some of you may recall the DoorDash lawsuit from a few months ago that called into question the company’s internal DNC policies: HUNGRY FOR MORE: DoorDash Faces TCPA Class Action With...
View ArticleTelephone and Texting Compliance News: Litigation Update — A Win for TCPA...
The Telephone Consumer Protection Act (TCPA) can be a difficult and complex area of law to litigate. In recent years, the plaintiffs’ bar has upped that difficulty and complexity by targeting products...
View ArticleFACING CONTEMPT: Vajira Samararatne Could Be in Big Trouble in a TCPA...
TCPAWorld is full of dangers.Sometimes its being sued in a class action lawsuit.And sometimes its failing to respond to a subpoena and having a magistrate judge want to throw you in jail as a result.If...
View ArticleLouisiana Based Franchisor and Its Employees Cannot Avoid Personal...
Washington-state based franchisees Greg and Gabriela Skistimas brought suit against Hotworx Franchising LLC in the U.S. District Court for the Western District of Washington alleging misleading and...
View ArticleRejection of Amber Heard Defense Coverage Underscores Importance of Choice of...
The Ninth Circuit has affirmed victory for New York Marine and General Insurance Co. in its legal battle with Amber Heard over the cost of defending defamation claims brought against the actress by...
View ArticlePFAS Plaintiffs May Be Learning From Their Mistakes
As we reported last month, a California federal court recently dismissed a per- and polyfluoroalkyl substances (PFAS) class action complaint on the basis that the plaintiffs’ total organic fluorine...
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