Monthly Archives: August 2019

benefit of the bargain damages can be measured by cost of repair in car class action

Nguyen v. Nissan North America, Inc., 932 F.3d 811 (9th Cir. 2019) Nguyen bought a new 2012 Nissan 370Z with an allegedly potentially catastrophic design defect hidden in the vehicle’s hydraulic clutch system. “After the clutch purportedly malfunctioned—and Plaintiff spent … Continue reading

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When is a sale worth $100,000? court is generous to real estate brokerage ad

At World Properties, LLC v. Baird & Warner Real Estate, Inc., 2019 WL 4034636, No. 18-cv-01973 (N.D. Ill. Aug. 27, 2019) B&W and plaintiff @properties are real estate brokerage companies serving Chicago and the surrounding area. B&W advertised its accomplishments … Continue reading

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district court ignores Empire, decides that Rogers doesn’t cover nonfiction

IOW, LLC v. Breus, No. CV18-1649-PHX-DGC, 2019 WL 4010737 (D. Ariz. Aug. 26, 2019) Every time I think I’ve seen it all …. Here, the court decides that Rogers doesn’t apply if the challenged book title isn’t itself “expressive,” which … Continue reading

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failure to disclose vaping’s extra risks over smoking could be deceptive; no arbitration for Juul

Colgate v. Juul Labs, Inc., 2019 WL 3997459, No. 18-cv-02499-WHO (N.D. Cal. Aug. 23, 2019) Juul makes e-cigarettes and nicotine cartridges/pods. “Plaintiffs seek to represent a nationwide class and numerous subclasses in claims for false advertising, fraud, unjust enrichment, several … Continue reading

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Dastar bars Lanham Act claims against unauthorized copying of photo for album cover

Patterson v. Diggs, No. 18-CV-03142 (NSR), 2019 WL 3996493 (S.D.N.Y. Aug. 23, 2019) Patterson is “an internationally known photographer” who took photos of “a nickel-silver casing created by nonparty Moroccan company Yahya Creation” without a written contract and without being … Continue reading

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conventional pharmacy achieves limited relief against marijuana dispensary

White Hall Pharmacy LLC v. Doctor’s Orders RX Inc, No. 19-cv-00366-KGB, 2019 WL 3939357 (E.D. Ark. Aug. 20, 2019) In this cannabis case, the court granted a preliminary injunction against a dispensary.  White Hall operates two pharmacies under the trade … Continue reading

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Rogers question of the day, Grand Theft edition

Is an escape room sufficiently like a video game that we would expect a finding of explicit misleadingness (assuming that an escape room is an expressive enough experience, like a play in which the audience is invited to participate, for … Continue reading

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