Category Archives: Uncategorized

Appellate court rejects use of copyright to block Costco’s sale of Omega watches

In 2004, Costco bought some Omega watches from a third party in New York and sold them at a discount in its U.S. stores. The watches, otherwise sold only in Europe, had a small globe design on the back, and Omega sued Costco, arguing that the sale of the watches violated Omega's copyright in the […]

Supreme Court hears argument on disparate-impact liability this morning

About an hour ago, the Supreme Court finished hearing oral argument on whether disparate impact claims are cognizable under the Fair Housing Act (as every circuit to address the issue has held since the Act's enactment in 1968). This blog has covered the issue repeatedly over the past few years. This morning, Pemy Levy of […]

Supreme Court reinstates appeal in LIBOR-manipulation suit

Vindicating a simple principle in a case with a complex procedural background, the Court held unanimously today in Gelboim v. Bank of America that investors who sued banks for manipulating the globally influential LIBOR interest rate in violation of federal antitrust law had the right to take an appeal when their case was dismissed. The […]

Telemarketer answers to FTC for false promises to consumers

The latest FTC settlement with a company that was deceiving consumers requires the company and its head "to turn over virtually all of their assets to the agency, and prohibit[s] them from deceiving consumers in any future sales pitches." The FTC reports: Cream Group, Inc., which operates as Oro Marketing, and its mastermind Sami Charchian […]

New suit alleges CVS’s misleading promotion of a nutritional supplement said to help treat or prevent macular degeneration

Check out Meredith v. CVS Health, a lawsuit just filed in California state court. The suit alleges that CVS promotes a nutritional supplement to help treat or prevent macular degeneration based on a National Institutes for Health study, even though the supplement doesn't contain the ingredients that NIH found might be beneficial. The Center for […]

Promising new federal rules to protect needy patients from hospital collections

Last month, we recommended an NPR story discussing the problem of collections against low-income hospital patients. In response to this problem (as reported by the New York Times), "The Obama administration has adopted sweeping new rules to discourage nonprofit hospitals from using aggressive tactics to collect payments from low-income patients. Under the rules, nonprofit hospitals […]

Supreme Court: consumer may exercise Truth in Lending Act right to rescind just by giving notice; lawsuit not required

Resolving a split among the federal courts of appeals in favor of consumers, the Supreme Court held today in Jesinoski v. Countrywide Home Loans, Inc., that a consumer may exercise the right to rescind a loan under the federal Truth in Lending Act simply by notifying the creditor rather than (as the creditor contended and […]