Monthly Archives: February 2021

unconscionability prevents enforcement of arbitration agreement for consumer claims

Posted on February 3, 2021 by rtushnet

Cabatit v. Sunnova Energy Corp., No. C089576, — Cal.Rptr.3d —-, 2020 WL 8365909 (Ct. App. Dec. 31, 2020) California isn’t fond of mandatory consumer arbitration. Here, the court finds the arbitration agreement unconscionable and refuses to enforce it against a … Continue reading →

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survey sustains false advertising claim alleging misleading use of military imagery

Posted on February 3, 2021 by rtushnet

Mahindra & Mahindra Ltd. v. FCA US LLC, 2021 WL 323253, No. 18-cv-12645 (E.D. Mich. Feb. 1, 2021) Plaintiffs sued FCA for a judgment of noninfringement of the Jeep grille design in its Roxor vehicle (which dispute mainly took place … Continue reading →

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Uber avoids taxi suit because of causation problems

Posted on February 1, 2021 by rtushnet

Ezeokoli v. Uber Technol., Inc., 2021 WL 247975, No. A156445 (Cal. Ct. App. Jan. 26, 2021) Plaintiffs, a putative class of taxi drivers, lost this Lanham Act false advertising appeal because they couldn’t show that Uber’s allegedly false statements harmed … Continue reading →

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Videos in conjunction with my advertising law class

Posted on February 1, 2021 by rtushnet

 In this pandemic year, I’m experimenting with short videos as part of the pre-class materials. They generally elaborate on a point to set up class discussion. I’m sharing them because, as Tom Lehrer says, they might prove useful to some … Continue reading →

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