Monthly Archives: July 2024

plausible critiques of “clinically proven” suffice to plead false advertising

Posted on July 8, 2024 by rtushnet

Noriega v. Abbott Laboratories, — F.Supp.3d —-, 2024 WL 402925, No. 23 Civ. 4014 (PAE) (S.D.N.Y. Feb. 2, 2024) Noriega alleged that Abbott’s PediaSure falsely advertised that it was “[c]linically proven to help kids grow.” The packaging claim also contains … Continue reading →

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7th Circuit endorses behavioral approach to reasonable consumer standard

Posted on July 5, 2024 by rtushnet

Kahn v. Walmart Inc., No. 23-1751 (7th Cir. Jul. 3, 2024) Kahn alleged that Walmart routinely charged more at the checkout than advertised at the shelf, small amounts individually that add up to hundreds of millions of dollars a year. … Continue reading →

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Puffery in the wild

Posted on July 3, 2024 by rtushnet

 spotted on the T: from Blogger http://tushnet.blogspot.com/2024/07/puffery-in-wild.html

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Slow fashion: checkerboard design plausibly infringes another checkerboard design

Posted on July 3, 2024 by rtushnet

Hian v. Louis Vuitton USA Inc, 2024 WL 3237591, No. 22-3742 (E.D. Pa. Jun. 28, 2024) The court tosses out most of an independent fashion designer’s claims against LVMH, while preserving one copyright infringement claim based on a distorted checkerboard … Continue reading →

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NetChoice and Calvinball: Initial thoughts

Posted on July 2, 2024 by rtushnet

I understand if you don’t think that the First Amendment is an area where SCOTUS is really doing “law” as we were taught it, but as a distraction for myself I have been thinking about (1) the idea that facial … Continue reading →

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lawsuit against plaintiffs’ expert witness fails on First Amendment grounds

Posted on July 1, 2024 by rtushnet

LTL Mgmt. LLC v. Moline, 2024 WL 3219683, No. 23-02990 (GC) (JTQ) (D.N.J. Jun. 28, 2024) Not currently in bankruptcy, LTL—J&J’s solution to its talc woes—decided to sue a critic for her scientific conclusions about talc risks. The court dismisses … Continue reading →

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9th Circuit holds that California’s Sherman Act can be enforced by private plaintiffs

Posted on July 1, 2024 by rtushnet

Davidson v. Sprout Foods, Inc., — F.4th —-, 2024 WL 3213277, No. 22-16656 (9th Cir. Jun. 28, 2024) In a surprisingly-to-me divided opinion, the majority rejects a theory that private claims under the UCL using California’s Sherman Act as a … Continue reading →

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