Monthly Archives: October 2024

CAFA can’t prevent remand to state court where consumer protection claims are all equitable

Posted on October 17, 2024 by rtushnet

Haver v. General Mills, Inc., 2024 WL 4492052, No.: 3:24-cv-01269-CAB-MMP (S.D. Cal. Oct. 11, 2024) Interesting remand to state court. Haver sued under the UCL and FAL, alleging that GM deceptively marketed “Fruit Snacks” to contain “Real Fruit Juice,” when … Continue reading →

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even after default, court may constrain recovery in competitive market

Posted on October 16, 2024 by rtushnet

KHN Solutions LLC v. Shenzhen City Xuewu Feiping Trading Co., No. C 20-07414 WHA, 2024 WL 4351861 (N.D. Cal. Sept. 30, 2024) I don’t usually blog default judgments, but this one was interesting. It granted interim relief against Amazon.com, impounding … Continue reading →

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false “patented/proprietary/exclusive” claims can be actionable despite Dastar

Posted on October 16, 2024 by rtushnet

Crocs, Inc. v. Effervescent, Inc., No. 2022-2160 (Fed. Cir. Oct. 3, 2024) Crocs sued competitors for patent infringement; defendant Dawgs counterclaimed for false advertising about the characteristics of the primary material Crocs uses to make its footwear products, a material … Continue reading →

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For-profit company can republish ASTM standards incorporated by reference into law

Posted on October 16, 2024 by rtushnet

Am. Soc. for Testing & Materials v. UpCodes, Inc., No. 24-1895 (E.D. Pa. Oct. 2, 2024) ASTM, which produces technical standards, sued UpCodes  for providing free online access to unauthorized copies of ten ASTM standards, all of which have been … Continue reading →

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republishing scientific study to prospective customers isn’t protected opinion

Posted on October 15, 2024 by rtushnet

Advance Dx, Inc. v. YourBio Health, Inc., — F.Supp.3d —-, 2024 WL 4393314, No. 24-10595-WGY (D. Mass. Oct. 3, 2024) Advance sued YourBio, which competes in the market for at-home medical device testing patients’ level of anti-Mullerian hormone, for false … Continue reading →

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9th Circuit refuses to kick out claim over benzene in sunscreen on standing

Posted on October 15, 2024 by rtushnet

Bowen v. Energizer Holdings, Inc., — F.4th —-, 2024 WL 4352496, No. 23-55116 (9th Cir. Oct. 1, 2024) Bowen sued Energizer for false advertising, alleging that its Banana Boat sunscreen was adulterated with dangerous levels of benzene, a carcinogen that … Continue reading →

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