Category Archives: Uncategorized

Garcia v. Google reversed; many sigh in relief

Posted on May 19, 2015 by rtushnet

Garcia v. Google, Inc., No. 12-57302, — F.3d – (9th Cir. May 18, 2105) (en banc)   Judge McKeown wrote the majority opinion. Garcia was fooled into taking part in a movie that turned out to be the awful Innocence … Continue reading →

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Close but no cigar: “worked closely” claim is puffery

Posted on May 18, 2015 by rtushnet

Springbrook Software, Inc. v. Douglas County, 2015 WL 2248449, No. 13–cv–760 (W.D. Wis. May 13, 2015) (magistrate judge)   Springbrook sued Douglas County and the City of Superior for breach of contract and related claims after they stopped paying fees … Continue reading →

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Reading list: James Grimmelmann on Lauren Willis

Posted on May 15, 2015 by rtushnet

Two great tastes that taste great together: The always-entertaining James Grimmelmann on the always-enlightening Lauren Willis: Two decades ago, contract law ran headlong into online terms of service, looked around briefly in confusion, and announced that it needed to go … Continue reading →

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ascertainability defeats class but EULA doesn’t

Posted on May 15, 2015 by rtushnet

Perrine v. Sega of America, Inc., No. 13-cv-01962, 2015 WL 2227846 (N.D. Cal. May 12, 2015)   Gearbox developed and Sega produced the game “Aliens: Colonial Marines,” “held out as the canon sequel to James Cameron’s 1986 film ‘Aliens.’”  The … Continue reading →

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New Jersey court rejects ascertainabilty requirement for class actions

Posted on May 14, 2015 by rtushnet

Daniels v. Hollister Co., — A.3d —-, 2014 WL 8808428, No. A–3629–13T3 (N.J. Super. Ct. App. Div. May 13, 2015)   Of interest because it’s a state court within the Third Circuit rejecting that circuit’s view of “ascertainability” in class … Continue reading →

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Prior proceedings: no confusion where defendant existed for 100 years

Posted on May 14, 2015 by rtushnet

Sovereign Military Hospitaller Order of Saint John v. Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John, 2014 WL 8804752, No. 09–81008–CIV (S.D. Fla. Aug. 19, 2014)   Westlaw just coughed this one up and I … Continue reading →

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No need to name competitor if context does

Posted on May 14, 2015 by rtushnet

Champion Laboratories, Inc. v. Central Illinois Manufacturing Co., 2015 WL 2208198,  No. 14 CV 9754 (N.D. Ill. May 8, 2015)   The parties are the leading manufacturers and suppliers of fuel dispensing filters in the United States. “Fuel dispensing filters … Continue reading →

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SDNY allows consumer “organic” claims to proceed

Posted on May 13, 2015 by rtushnet

Segedie v. Hain Celestial Group, Inc., 2015 WL 2168374, No. 14–cv–5029 (S.D.N.Y. May 7, 2015)   Plaintiffs bought Earth’s Best food, body care, and home care products, and alleged that they were misleadingly labeled as “organic,” “natural,” or “all natural.”  … Continue reading →

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Hypo of the day, Denny’s edition

Posted on May 13, 2015 by rtushnet

This might require a bit of background.  Tumblr is a social media platform very popular with a demographic of young users; Yahoo! bought Tumblr and is trying to figure out how to make it profitable through advertising.  As a result, … Continue reading →

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Reading list: entertainment franchises and Drassinower

Posted on May 11, 2015 by rtushnet

Law and Creativity in the Age of the Entertainment Franchise, ed. Kathy Bowrey & Michael Handler: A collection of essays on the general theme, some much more specific than others. The editors suggest that the things that the “entertainment industry” … Continue reading →

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