Battle of the Bay: It’s Oakland Airport, Not San Francisco Bay Oakland...
The US District Court for the Northern District of California granted the city and county of San Francisco a preliminary injunction enjoining the Port of Oakland from using the name or trademark “San...
View ArticleCase Closed: OpenAI Prevails on Secondary Meaning
The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was...
View ArticleEASY WIN: Serial TCPA Litigant Awarded Default Judgement As Defendant Fails...
In a big win for serial plaintiff Anton Ewing, a district court in California entered default judgement against DME Capital, LLC. (“DME”), awarding Ewing $68,480 in damages.The Complaint in Ewing v....
View ArticleSummary of Lytle v. Nutramax Labs., Inc., 114 F.4th 1011 (9th Cir. 2024)
In Lytle v. Nutramax Laboratories, Inc., 114 F.4th 1011 (9th Cir.), the Ninth Circuit Court of Appeals addressed two key issues arising in motions for class certification: (1) whether plaintiffs’...
View ArticleThe Ninth Circuit Criticizes Mass Arbitration Models
In Heckman v Live Nation Entertainment, Inc., No. 23-55770 (9th Cir. Oct. 28, 2024), the Ninth Circuit revisited Live Nation and Ticketmaster’s arbitration clause and class action waiver after having...
View ArticleGoodRx Agrees to Pay $25 Million Settlement for Privacy Violations
The telehealth and prescription drug discount provider, GoodRx, recently agreed to pay $25 million to settle class action claims originating from the company’s unauthorized disclosure of consumers’...
View ArticleFederal District Court in D.C. Strikes Down Removal Protections for ALJs
The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board (“NLRB”) and National Labor Relations Act (“NLRA”) took a potentially significant turn...
View ArticleSTACKING CLAIMS UNDER CIPA?: Civ Pro 101 Says Not So Fast!
Greetings CIPAWorld!Let’s talk Civ Pro. Class is in session and today’s lesson comes courtesy of the United States District Court for the Southern District of California. Picture this: DesignTechnica...
View ArticleAlter Ego, LLCs And Choice Of Law
In deciding whether to impose alter ego liability with respect to a limited liability company, a federal court has several possible choices. It could apply the law of the state of formation of the LLC,...
View ArticleNinth Circuit Precedent Limits Fraud-Based Label Claims
It is well-settled that fraud-based claims asserted in federal court need to satisfy not only Federal Rule of Civil Procedure 12(b)(6)’s plausibility pleading standard but also the heightened pleading...
View ArticleUnderstanding Arbitration and Equitable Estoppel: Lessons From Gonzalez v....
Employment arbitration agreements are an important tool for employers who wish to resolve workplace disputes in a more streamline fashion and, more importantly, avoid class and collective actions....
View ArticleUSDA Reverts to Pre-2020 Regulatory Framework for Genetically Engineered...
The U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced an abrupt reversion to its pre-2020 approach to biotechnology regulation on December 19, in the...
View ArticleGIVEN THE BOOT!: Rocket Mortgage Motion To Compel Arbitration Granted
Hey, TCPAWorld!The District of Arizona just granted a motion to compel arbitration that you should know about! See generally MacDonald v. Rocket Mortgage LLC, No. CV-23-02558-PHX-KML, 2024 WL 5200480...
View ArticleRINGING IN A GOODYEAR: Why Privacy Claims Need Traction to Survive
Greetings CIPAWorld!As we head into New Year’s, when millions of us make those last-minute holiday purchases or finally buy the gifts you promised in those IOUs handed out during the holidays and plan...
View ArticleCHEERS TO PRIVACY RESOLUTIONS!: Zillow’s Pixel Countdown Meets the Ball Drop
Greetings CIPAWorld!What a year here at Troutman Amin. As today is New Year’s Eve, many of us find ourselves reflecting on the past year—or maybe even scrolling through Zillow, dreaming about the homes...
View ArticleIT’S PAST THAT TIME: Mixtiles Sued for Violating Time Zone Specific...
Coming out of the holiday season, it is time to remind you folks to recheck your telemarketing practices and procedures before making text messages and phone calls. As a refresher in the new year, the...
View ArticleFederal Government Urges Court of Appeals to Uphold Constitutionality of FCA...
Headlines that Matter for Companies and Executives in Regulated IndustriesFederal Government Urges Court of Appeals to Uphold Constitutionality of FCA Qui Tam ProvisionsIn a brief filed earlier this...
View ArticleRule 37 in Action – Case Dismissed
As stated in my previous blog, “A Rule 37 Refresher – As Applied to a Ransomware Attack,” Federal Rule of Civil Procedure 37(e) (“Rule 37”) was completely rewritten in 2015 to provide more clarity and...
View ArticleCHASE: JP Morgan Chase Allowed to Pursue Debt Against TCPA Litigant via...
This lady named Gina Henry allegedly owed Chase Bank some money. It made collection calls to her and Henry sued for TCPA violations.Chase countersued Henry for the debt owed and Henry moved to dismiss...
View ArticleEquity Is Neither a “Good” Nor a “Service” Under Lanham Act
The US Court of Appeals for the Ninth Circuit affirmed a district court’s decision that, in terms of trademark use in commerce, corporate equity is not a “good” or “service” under the Lanham Act....
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