Tag Archives: secondary liability

Even more cocaine

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 4168958, No. 18-cv-07603-WHO (N.D. Cal. Sept. 3, 2019) Pleading survey evidence of misleadingness can be pretty helpful, but it can’t help you past theories that target the wrong defendant. Discussion of … Continue reading

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failure to disclose vaping’s extra risks over smoking could be deceptive; no arbitration for Juul

Colgate v. Juul Labs, Inc., 2019 WL 3997459, No. 18-cv-02499-WHO (N.D. Cal. Aug. 23, 2019) Juul makes e-cigarettes and nicotine cartridges/pods. “Plaintiffs seek to represent a nationwide class and numerous subclasses in claims for false advertising, fraud, unjust enrichment, several … Continue reading

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timeshare company adequately pleads case against timeshare exit promoter

Wyndham Vacation Ownership v. Reed Hein & Assoc., LLC, No. 18-cv-02171-GAP-DCI, 2019 WL 3934468 (M.D. Fla. Aug. 20, 2019) This is another lawsuit over timeshare exit companies’ allegedly false advertising of the ease of exiting a timeshare. Defendant TET allegedly … Continue reading

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false advertising trolling, consumer protection, or both

I wrote about a couple of cases filed by a supplement maker, Outlaw, against retailers that sold allegedly unlawful “male enhancement” supplements that the FDA has issued warnings on—sometimes the “supplements” illegally contain pharmaceuticals like sildenafil (active ingredient in Viagra).  … Continue reading

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CopyrightX: Article 13

Panel Two: Online Service Providers, Automated Anti-piracy Systems, and Article 13 [like CDA 230, it may never lose the initial number even if it no longer fits the statutory numbering] Moderator: Jennifer Esch Giancarlo Frosio: Copyright and Article 13 Summary … Continue reading

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She don’t lie, but the pharmaco might: cocaine false advertising case continues

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 1981186, No. 18-cv-07603-WHO (N.D. Cal. May 3, 2019) Genus competes with Lannett in the market for cocaine hydrochloride nasal spray. It sued Lannett for false advertising and maintaining a monopoly related … Continue reading

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court rejects contributory false advertising under Lanham Act

Telebrands Corp. v. My Pillow, Inc., 2019 WL 1923410, No. 18-CV-06318 (N.D. Ill. Apr. 30, 2019) Telebrands sued My Pillow (maker of a “patented pillow product,” which I’m so tempted to call PPP) for breach of contract, breach of implied … Continue reading

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