Category Archives: http://schemas.google.com/blogger/2008/kind#post

briefly noted: another court rejects proof of purchase requirement for class ascertainability

Posted on April 27, 2015 by rtushnet

Really briefly!  In re Scotts EZ Seed Litig. 304 F.R.D. 397 (S.D.N.Y. 2015).  It would defeat the purpose of class actions.  Also, though, there couldn’t be an injunctive relief class after the challenged statement was removed from packaging. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Needless markup: outlet stores’ pricing not deceptive

Posted on April 27, 2015 by rtushnet

Rubenstein v. Neiman Marcus Group LLC, 2015 WL 1841254, No. CV 14–07155 (C.D. Cal. Mar. 2, 2015)   Rubenstein bought two items of clothing from the Neiman Marcus Last Call Store (a discount store, as opposed to the usual upscale … Continue reading →

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So, that happened: MPAA Creativity Conference

Posted on April 24, 2015 by rtushnet

The Motion Picture Association of America, in partnership with Microsoft and ABC News Creativity Conference (File under: you invited me!  Also, no surprise, the food was good and the perks nice—you could get your photo made in a James Bond … Continue reading →

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Deducting points for a 3-point landing in copyright claim

Posted on April 24, 2015 by rtushnet

Horizon Comics Prods., Inc. v. Marvel Entertainment, LLC, No. 15-cv-11684 (D. Mass. filed Apr. 23, 2015): Newly filed; the claim is that movie Iron Man’s armor infringes the copyright in another comic armored suit.  All I’ll say right now is that … Continue reading →

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Ad agency liability for false advertising without scienter

Posted on April 24, 2015 by rtushnet

Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2015 WL 1782661 (E.D. Mo. Apr. 20, 2015)   Purina sued Blue Buffalo for false advertising of its dog food as “grain free” and containing “no chicken by-product.” … Continue reading →

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8th Circuit dismisses right of publicity claim as copyright preempted

Posted on April 23, 2015 by rtushnet

Ray v. ESPN, Inc., No. 14-2117 (8th Cir. Apr. 22, 2015)   Steve “Wild Thing” Ray wrestled professionally in the Universal Wrestling Federation (UWF) from 1990 to 1994. ESPN obtained films of his wrestling matches and re-telecast them without his … Continue reading →

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Amazon doesn’t want you to know how to apply 1-800’s IIC rule

Posted on April 22, 2015 by rtushnet

SanMedica Int’l, LLC v. Amazon.com, Inc., No. 13-cv-00169 (D. Utah filed publicly Apr. 15, 2015) The parties agreed to dismiss the case with prejudice on the day the redacted version of the opinion was released, so we won’t get more. … Continue reading →

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Reading list: class ascertainability & preemption of state sound recording public perf. rights

Posted on April 21, 2015 by rtushnet

Geoffrey C. Shaw, Class Ascertainability, forthcoming, Yale Law J. (2015) Abstract:   In recent years, federal courts have been enforcing an “implicit” requirement for class certification, in addition to the explicit requirements established in Rule 23 of the Federal Rules … Continue reading →

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Regression damages model fails to convince court

Posted on April 20, 2015 by rtushnet

Reed Const. Data Inc. v. McGraw-Hill Companies, Inc., — F.Supp.3d —-, 2014 WL 4746130, No. 09–CV–8578 (S.D.N.Y. Sept. 24, 2014)   Reed sued McGraw-Hill for violations of the Lanham Act, the Sherman Act, and various state law torts. The parties … Continue reading →

Posted in antitrust, http://schemas.google.com/blogger/2008/kind#post, unfairness | Leave a comment

Third Circuit clarifies its ascertainability rule but doesn’t remove it

Posted on April 20, 2015 by rtushnet

Byrd v. Aaron’s Inc., 2015 WL 1727613, No. 14–3050 (3d Cir. Apr. 16, 2015)   The Byrds filed a putative class action against Aaron’s for violating the Electronic Communications Privacy Act of 1986. The court of appeals reversed the district … Continue reading →

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