Monthly Archives: April 2026

State barber board wins battle against “Barber Shop” bar

Posted on April 23, 2026 by rtushnet

Really wanted a Sweeney Todd reference here but couldn’t figure it out. Osteria Segreto, LLC v. Hilgers, No. 8:26-cv-00065-BCB-MDN (D. Neb. Apr. 20, 2026) Osteria Segreto, formerly “an Italian speakeasy” in a space that had once been a hair salon, restyled … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

compounding pharmacies lose a round with Lilly on personalized medicine and GLP-1 comparison claims

Posted on April 22, 2026 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2026 WL 1076831, No. 25-cv-03534-JSC (N.D. Cal. Apr. 20, 2026) Eli Lilly’s claims were previously dismissed, and Lilly tried again with claims under California’s UCL, Lanham Act false advertising, and civil conspiracy. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Bayer can’t enjoin J&J’s cancer superiority claims by showing methodological disputes

Posted on April 22, 2026 by rtushnet

Bayer Healthcare LLC v. Johnson & Johnson, Inc., 2026 WL 1045917, No. 26 Civ. 1479 (DEH) (S.D.N.Y. Apr. 17, 2026) The court denied Bayer’s request for a preliminary injunction against its competitor J&J’s advertising of a drug used in the … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

“higher standard of safety” is puffery even as to child car seats

Posted on April 20, 2026 by rtushnet

ElSayed v. Columbus Trading Partners USA Inc., No. 25-cv-01347 (FB) (TAM), 2026 WL 1042209 (E.D.N.Y. Apr. 17, 2026) ElSayed alleged that CTP’s infant car seat were faulty and defective in violation of NY consumer protection law. The court dismissed the … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

phthalates could be “ingredient” for purposes of falsifying “only natural ingredients”

Posted on April 20, 2026 by rtushnet

Wysocki v. Chobani, LLC, — F.Supp.3d —-, 25-cv-00907-JES-VET, 2026 WL 926713 (S.D. Cal. Apr. 6, 2026) Wysocki alleged that Chobani’s Greek Yogurt had dangerous phthalates in it. Phthalates are “a group of chemicals [the U.S. Food and Drug Administration (“FDA”) … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Brita’s clearly qualified filtration claims couldn’t mislead reasonable consumers as to lack of qualification

Posted on April 20, 2026 by rtushnet

Brown v. Brita Products Company, — F.4th —-, 2026 WL 1028347 No. 24-6678 (9th Cir. Apr. 16, 2026) Unlike 800-thread count sheets (see previous post), a reasonable consumer would not expect a fifteen-dollar water filter to “remove or reduce to … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

an impossible claim is literally false and actionable if believing it is reasonable

Posted on April 20, 2026 by rtushnet

Panelli v. Target Corp., — F.4th —-, 2026 WL 1042441, No. 24-6640 (9th Cir. Apr. 17, 2026) Something that I don’t yet have a full handle on is happening in 9th Circuit consumer protection cases around literal falsity v. ambiguity. … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Panel 6: Unanticipated Consequences of New Technologies and Practices

Posted on April 17, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act Jennifer Urban, UC Berkeley Law (Speaker and Moderator) Daniel Gervais, Vanderbilt Law: Copyright act as undergirding licensing architectures for AI. © rights are inert without … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Panel 5: Copyrightable Subject Matter and the Special Problem of Software

Posted on April 17, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act Pamela Samuelson, UC Berkeley Law (Moderator and Speaker): discusses history (in which she was intimately involved as an intellectual powerhouse). From uncertainty over whether software … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Copyright Act Panel 4: The Shifting Line Between Federal and State Protection

Posted on April 17, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976  R. Anthony Reese, UCI School of Law Fundamental change: eliminating common-law copyright for unpublished works and unifying the regime at creation. Contemporaries like Ralph Sharp Brown saw … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment