Tuesday, July 09, 2019

Rogers still mostly works in 9th Circuit, despite Honey Badger's best efforts

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Caiz v. Roberts, --- F.Supp.3d ----, 2019 WL 1755421 (C.D. Cal. Apr. 17, 2019) In Gordon v. Drape Creative , 909 F.3d 257 (9th Cir. 20...
Monday, July 08, 2019

Amazon strictly liable for product defect but 230 preempts failure to warn claim

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Oberdorf v. Amazon.com Inc., No. 18-1041 (3d Cir. Jul. 3, 2019) Oberdorf was injured by a retractable dog leash “sold” by Amazon on be...
Friday, July 05, 2019

Warhol wins on fair use of photo (but should've won on substantial similarity)

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Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 17-cv-2532 (JGK) (S.D.N.Y. Jul. 1, 2019) In some sense, this fair u...
Wednesday, July 03, 2019

Flange wars: material misrepresentations aren't enough without causation

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Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 2723253 (S.D. Tex. Jun. 28, 2019) More flanges! Boltex alle...

Keurig unsuccessfully argues that false advertising law unconstitutionally compels speech

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Smith v. Keurig Green Mountain, Inc., No. 18-cv-06690-HSG, 2019 WL 2716552 (N.D. Cal. Jun. 28, 2019) Smith brought a putative class ac...

good faith defense to false advertising may waive attorney/client privilege

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In re Keurig Green Mountain Single Serve Coffee Antitrust Litig., 2019 WL 2724269, No. 14 MD 2542 (VSB)(HBP) (S.D.N.Y. Jul. 1, 2019) I...

dueling fake "independent" websites leads to unclean hands finding, but some injunctive relief

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Grasshopper House, LLC v. Clean & Sober Media LLC, 2019 WL 2762936, No. 18-cv-00923-SVW-RAO (C.D. Cal. Jul. 1, 2019) Previous disc...
Tuesday, July 02, 2019

Third Circuit requires showing irreparable harm in (c) case, rejects "compelled speech" argument

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TD Bank N.A. v. Hill, No. 16-2897 (3d Cir. Jul. 1, 2019) Commerce Bank, which merged with TD Bank, has been in a “bitter feud” with it...
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