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Tag Archives: disclosures
a rare freestanding UCL unfairness claim re: service termination that rendered cameras nonfunctional
Soo v. Lorex Corp., 2020 WL 5408117, No. 20-cv-01437-JSC (N.D Cal. Sept. 9, 2020) Plaintiffs brought California and New York consumer protection claims based on what happened to their home security Flir cameras; defendants moved to compel arbitration, which was … Continue reading
escalated materiality requirement precludes class certification
Oddo v. Arocaire Air Conditioning & Heating, 2020 WL 5267917, Nos. 15-cv-01985-CAS Ex, 18-cv-07030-CAS(Ex) (C.D. Cal. May 18, 2020) These are consolidated putative class actions alleging that defendants’ HVAC systems have faulty thermal expansion valves (TXVs). A TXV is “a … Continue reading
court rejects HomeAdvisor’s First Amendment defense of its misleading ads
People ex rel. Gascon v. HomeAdvisor, Inc., A154960, 2020 WL 2486970 (Cal. Ct. App. May 14, 2020) HomeAdvisor appealed an injunction barring it from broadcasting certain ads (except with a disclaimer, for a limited time). HomeAdvisor argued that the order … Continue reading
Reading list: disclosures as compelled commercial speech
Reading list: Aaron Stenz, Note: The Controversial Demise of Zauderer: Revitalizing Zauderer Post-NIFLA, 104 Minn. L. Rev. 553 (2019). The First Amendment broadly stands for the idea that government attempts to curtail the right of the American people to both … Continue reading
Keurig unsuccessfully argues that false advertising law unconstitutionally compels speech
Smith v. Keurig Green Mountain, Inc., No. 18-cv-06690-HSG, 2019 WL 2716552 (N.D. Cal. Jun. 28, 2019) Smith brought a putative class action against Keurig, alleging that its “recyclable” single-serve plastic coffee pods were mislabeled as such because they are not … Continue reading
law firm raises significant 1A questions over nursing home-specific advertising law
Wilkes & McHugh, P.A. v. LTC Consulting, L.P., — S.E.2d —-, 2019 WL 2570982 (Ga. Jun. 24, 2019) Georgia revised its anti-SLAPP law to be more like California’s (though apparently without the exception for commercial advertising) and the state supreme … Continue reading
The Consumer “Right To Know” Versus the First Amendment
Panel II at the Abrams Institute’s conference Moderator: Jonah Knobler, Partner, Patterson Belknap Webb & Tyler: recent attempts to do things like require disclosure of child labor in manufacturing process, and related consumer protection cases arguing that failure to disclose … Continue reading
Commercial Speech and the First Amendment, NYC, June 3 (invitation)
Register at this link. From Yale Law School’s Abrams Institute for Freedom of Speech – The 4th Commercial Speech and Commercial Speech Conference COMMERCIAL SPEECH POST-NIFLA v. BECERRA: LEGITIMATE CHECK ON COMPELLED SPEECH OR WEAPONIZATION OF THE FIRST AMENDMENT? Panelists: Robert … Continue reading
Commercial Speech and the First Amendment, NYC, June 3 (invitation)
Register at this link. From Yale Law School’s Abrams Institute for Freedom of Speech – The 4th Commercial Speech and Commercial Speech Conference COMMERCIAL SPEECH POST-NIFLA v. BECERRA: LEGITIMATE CHECK ON COMPELLED SPEECH OR WEAPONIZATION OF THE FIRST AMENDMENT? Panelists: Robert … Continue reading
Legal Applications of Marketing Theory, part 1
Jacob Gersen & Joel Steckel, Harvard Law & NYU Stern, Conference Introduction Steckel gave a talk on dilution years ago and RT tore him apart (sorry!); since then, he’s done work with Chris Sprigman to answer some of the Qs … Continue reading
