Monthly Archives: November 2016

Consumer protection fellowship opportunity

Posted on November 9, 2016 by rtushnet

The ABA encourages 1Ls and 2Ls to apply for the Janet D. Steiger Fellowship Project. Students selected will serve eight or ten weeks during the summer of 2017 in the consumer protection or consumer affairs offices of participating state and … Continue reading →

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Airbnb had a bad day too: court rejects 230, First Amendment challenges to SF rental ordinance

Posted on November 9, 2016 by rtushnet

Airbnb, Inc. v. City and County of San Francisco, 16-cv-03615 (N.D. Cal. Nov. 8, 2016) Airbnb and HomeAway sought to enjoin SF’s ordinance making it a misdemeanor to provide booking services for unregistered rental units.  The court denied a preliminary … Continue reading →

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Evidence of good faith not relevant for liability, but relevant for damages in false advertising cases

Posted on November 8, 2016 by rtushnet

A.L.S. Enterprises, Inc. v. Robinson Outdoor Products, LLC, No. 14-CV-500, 2016 WL 4260062 (W.D. Mich. May 9, 2016) ALS sued Robinson for false advertising over odor control claims for its hunting apparel; the court in this and a related order … Continue reading →

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Failure to disclose effect of compensation on opinion isn’t actionable under Lanham Act (but maybe in NY)

Posted on November 7, 2016 by rtushnet

Casper Sleep, Inc. v. Hales, No. 16-cv-03223, 2016 WL 6561386, — F.Supp.3d —- (S.D.N.Y. Oct. 20, 2016) Casper is a mattress e-retailer. (Discussion of a similar lawsuit it filed here.) Defendant Derek Hales is a specialist reviewer who runs http://www.sleepopolis.com, … Continue reading →

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Georgetown Law Launches New Institute for Technology Law and Policy

Posted on November 4, 2016 by rtushnet

From our website: Building on its growing expertise in the field, Georgetown Law today announced the launch of the Georgetown Institute for Technology Law and Policy. The Institute will be led by Alexandra Reeve Givens, who most recently served as … Continue reading →

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Florida man held liable for false green coffee claims

Posted on November 4, 2016 by rtushnet

FTC v. NPB Advertising, Inc., No. 14-cv-1155, 2016 WL 6493923 (M.D. Fla. Nov. 2, 2016) The FTC sued Nicholas Congleton and others under Section 5 of the FTC Act for engaging in false or deceptive advertising. Congleton received an email … Continue reading →

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230 provides protection against liability, not immediately appealable immunity from suit

Posted on November 2, 2016 by rtushnet

General Steel Domestic Sales, L.L.C. v. Chumley, No. 15-1293 (10th Cir. Nov. 1, 2016) Defendants (Armstrong Steel) appealed from the district court’s denial of CDA §230 immunity for a number of General Steel’s false advertising claims.  Armstrong ran an online … Continue reading →

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Reading List: The Ethics of Visual Legal Rhetoric

Posted on November 2, 2016 by rtushnet

Michael D. Murray, The Ethics of Visual Legal Rhetoric, 13 Legal Comm. & Rhetoric: JALWD 107 (2016).  Highly recommended! Abstract: This Article discusses the application of visual rhetorical techniques in legal writing and the ethical questions that are raised regarding … Continue reading →

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