Monthly Archives: January 2014

A world without privacy 2

Posted on January 17, 2014 by rtushnet

Rebecca Tushnet, The Yes Men and the Women Men Don’t See I begin with a claim that is likely to be demoralizing, but also reveals some interesting features of privacy: In practice, Americans and many other Westerners care more about … Continue reading →

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A World Without Privacy?

Posted on January 17, 2014 by rtushnet

A World Without Privacy? What Can/Should Law Do? University of Alabama School of Law Dr. Austin Sarat Justice Hugo L. Black Visiting Senior Faculty Scholar, The University of Alabama School of Law and William Nelson Cromwell Professor of Jurisprudence and … Continue reading →

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Transformative work of the day

Posted on January 15, 2014 by rtushnet

An Evening with William Shatner Asterisk.  H/T FC. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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"stable," "traditional" and "family-based" are puffing descriptions of housing development

Posted on January 15, 2014 by rtushnet

Kelly v. Beazer Homes USA, Inc., — Fed.Appx. —-, 2014 WL 107961 (9th Cir. Jan. 13, 2014) Plaintiffs bought homes from defendants; the court of appeals affirmed the dismissal of their various fraudulent concealment etc. claims based on the condition … Continue reading →

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economic loss doctrine doesn’t appply to consumer protection claims

Posted on January 15, 2014 by rtushnet

Hackel v. National Feeds, Inc., 2014 WL 108552, No. 12–cv–642 (W.D. Wis. Jan. 10, 2014) Just a quick reminder: the economic loss doctrine is a limit on traditional common law torts, not on statutory consumer protection claims, much as defendants … Continue reading →

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court rules that Pom Wonderful precludes claims that supplement is unsafe etc.

Posted on January 15, 2014 by rtushnet

ThermoLife Intern., LLC v. Gaspari Nutrition, Inc., No. CV–11–01056, 2014 WL 99017 (D. Ariz. Jan. 10, 2014) This dispute has been around for a while. The court’s introduction gives you a sense of the case: “The briefs and statements of … Continue reading →

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trademark licensing and apparent agency

Posted on January 14, 2014 by rtushnet

Pullman v. Alpha Media Publishing, Inc., No. 12–CV–1924, 2013 WL 1290409 (S.D.N.Y. Jan. 11, 2013) (magistrate judge) Another old one coughed up by Westlaw.  Interesting to me because of Maxim’s litigation based on its desire to license its brand in … Continue reading →

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Congressional hearing on the scope of copyright protection

Posted on January 14, 2014 by rtushnet

Video here.  Written testimony is also available from Glynn Lunney and David Nimmer on the right of making available; James Love and Mark Schultz on broadcast signal rights; and Patricia Griffin and Carl Malamud on rights in standards/local codes.  It’s … Continue reading →

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FDA declines to define "natural," again

Posted on January 13, 2014 by rtushnet

FDA letter.  Discussion at Seller Beware Blog. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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qualitative statements about insurance policies weren’t necessarily puffery

Posted on January 13, 2014 by rtushnet

U.S. Bank Nat’l Ass’n v. PHL Variable Ins. Co., 2013 WL 791462, No. 12 Civ. 6811 (S.D.N.Y. March 5, 2013) (magistrate judge) Just coughed up by Westlaw, noted for discussion of puffery. US Bank, as securities intermediary for Lima Acquisition … Continue reading →

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