by Paul Alan Levy In its decision issued last week about the application of trademark law to the operation of online search engines, Multi Time Machine v. Amazon the Ninth Circuit has taken a dangerous step backwards. The case might, however, prove to be the vehicle by which that court wipes out the bad precedent […]
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Last month, the Fourth Circuit held in In re GNC Corp. that "to state a false advertising claim on a theory that representations have been proven to be false, plaintiffs must allege that all reasonable experts in the field agree that the representations are false.” — F.3d –, 2015 WL 3798174, at *7 (4th Cir. […]
Jeb Bush: "work longer hours." Hillary Clinton: "raise incomes." NYT coverage of those statements and their implications here and here, respectively.
The Center for Science in the Public Interest has remade Coke's famed “Hilltop” ad to drive home the relationship between sugary soft drink consumption and obesity (and obesity's cousin, diabetes). CSPI recently reported that its video has been view more than 300,000 times in English. To view the video in English, go here or click on […]
The Consumer Financial Protection Bureau has published consumer guides for managing money particularly aimed at helping newcomers to the U.S. Here's what the CFPB says about the guides, along with links to the guides themselves: Beneficiary. Collateral. Debit. Fair market value. These terms might look familiar, but what do they really mean? Now imagine how […]
That's the name of this article by law professor Stephen Burbank and political scientist Sean Farhang. Its part of a larger study about the counterrevolution against private enforcement of legal rights. Here is the abstract: In this article we situate consideration of class actions in a framework, and fortify it with data, that we have […]
Today's Washington Post reports on a ProPublica expose concerning the use of the drug Coumadin, a popular (in the sense of widely used) anti-coagulant used by many elderly people to prevent blood clotting. (The Post headline jumped out at me in part because two of my own relatives use or have used the drug in […]
On June 18, the FCC announced adoption of a set of a set of rules to resolve questions about the Telephone Consumer Protection Act. See our summary here. Last Friday, the FCC issued the declaratory ruling. The TCPA Blog has this business-side perspective.
Brian Wolfman blogged yesterday about a Washington Post story pointing out that fish oil supplements are being marketed to consumers to lower the risk of heart disease despite the absence of scientific evidence bearing out their effectiveness. The FDA allows manufacturers of the supplements to get away with making a "qualified health claim" that "supportive […]
In an opinion yesterday called Imelhoff Investments v. Alfoccino, Inc., the U.S. Court of Appeals for the Sixth Circuit rejected arguments that would limit the liability of senders of junk faxes under the Telephone Consumer Protection Act (TCPA). First, the court held that a plaintiff's standing in a junk fax case doesn't depend on whether […]