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12 Dec, 2007 3:26 am
Posted by D. Daniel Sokol Yet another entry into the analysis of Leegin comes from Lino Graglia of the University of Texas Law School titled Leegin Creative Leather Products, Inc. v. PSKS, Inc.: The Strange Career of the Law of...
23 Apr, 2007 10:44 am
Today, the California Supreme Court unanimously decided Murphy v. Kenneth Cole Productions, Inc. S140308, and held that the "one
additional hour of pay" in Labor Code section 226.7 constitutes a wage and not a penalty. This decision is significant because a wage is subject to a three year statute of limitations
(Code of Civ. Proc. Section 338), while a penalty is only subject to a one year statute of ...
11 Jan, 2007 2:50 pm
The appeal entitled Reynolds v. Amchem Prods., Inc. received a lot of attention in the legal community and on this Weblog. Today, the New York
Court of Appeals granted leave to appeal to hear the issue in ... an action against defendants Garlock and Niagara, claiming that her husband contracted an incurable disease through
exposure to asbestos contained in products manufactured by the defendants, among others. Prior to the trial, the plaintiff and Niagara entered
into a high-low agreement, capping ...
12 Mar, 2007 11:52 pm
Filed March 12, 2007 - Memorandum Opinion by Judge James K. Bredar Plaintiff Tarquini, a former sales representative for Defendant Superior Products, brought this suit for wrongful discharge and violation of federal, Maryland and Virginia equal pay acts, violation of the Maryland Wage Payment
Collection Act, breach of contract, and violations of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. In response to Superior's Motion for Summary
Judgment, the Court ...
14 Nov, 2006 2:10 pm
A Reference May Anticipate Even When the Relevant Properties of the Disclosure Were Not Appreciated at the Time. (Fed. Cir. 2006, 06-1021) Abbott appealed from a district court (N.D.
Ill.) judgment of noninfringement of U.S. Patent No. 5,990,176 ("the '176 patent"). Baxter cross-appealed, arguing that the asserted claims are invalid. In it's second hearing of this
case, the CAFC [...]
17 Apr, 2007 10:55 am
By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com 17 April 2007 Hotel Lawyer with landmark labor and employment decision from the California Supreme Court on wage and hour
issues. Wage and hour claims are serious matters for employers, because they typically involve class actions with lots of current (and former employees), and the claims can cover a long
period of time. They are also particularly bad for the hospitality industry becasue so many employees are nominally "exempt" ...
22 Oct, 2007 9:53 am
Fires rage. The University of San Diego closes down. But the Ninth Circuit bravely continues to publish opinions. Tears of respect well up in my eyes. Or is that just from the smoke?
Regardless, I wish the Ninth Circuit would have published something interesting today. But it didn't; two snoozers, and then an order the depublishes another case. Zzzzzz. But that just
gives me the opportunity to talk about a Ninth Circuit opinion from a tiny bit ago that's very special. That provides additional ...
17 Sep 2:48 am
On July 31, 2009, the SEC filed a civil enforcement action against NSP, NSP's CEO Douglas Faggioli, and NSP's former CFO, Craig D. Huff, arising out of alleged bribes that NSP made to
Brazilian customs officials in violation of the Foreign Corrupt Practices Act. The SEC brought only one cause of action against Messrs. Faggioli and Huff: for a violation of Sections
13(b)(2)(A) and (B) of the Securities Exchange Act of 1934 for failing to keep accurate books and records. In connection with a ...
20 Nov 1:35 pm
... 2008, class plaintiffs who purchased the hair regrowth formula Avacor prevailed at trial against Global Vision Products, Inc. The plaintiff alleged that Avacor was not an all natural or herbal formulation, but contained the drug Minoxidil (Rogaine). The initial verdict for the
plaintiff class was approximately $37 million. However, Global Vision Products filed for bankruptcy protection. Today, after a second phase of
trial, a jury returned a verdict against individual defendants ...
20 Jan 4:46 pm
... and Sutter's Formula Cookies Due to Possible Health Risk (January 22) * Parker Products, Inc.
Announces Nationwide Voluntary Recall of Certain Peanut Butter ... Possible Salmonella Contamination (January 22) New! * Nash Finch Recalls Bakery Products With Peanut Butter Distributed in Seven States Due to Possible Health Risk (January ... Announces a Nationwide Recall of POCO PAC®, and GRANDE
GOURMET™ Peanut Butter Products Because of Possible Health Risk (January 20) * Premier Nutrition Announces Voluntary ...
27 Mar, 2008 1:29 am
... '976 patent by making, using, providing, offering to sell, and selling … microdermabrasion products containing alumina." Bella alleges that
some of the defendants were aware of the '976 patents because ... injunction in addition to monetary damages for patent infringement. The case is titled Bella Bella, Inc. v. Neutrogena Corporation, et al., CV08-01270 GAF (C.D. ... , Guthy-Renker Corporation, Stearn's Products,
Inc., Derma E, L'Oreal S.A., L'Oreal USA, Inc., Laboratories Garnier Paris, Garnier LLC, ...
10 Aug, 2007 11:28 pm
... Drug Administration (FDA) has announced, however, that some red yeast rice products may lower peoples' cholesterol because manufacturers
have been illegally lacing ... /Policosonal Complex, sold by Swanson Healthcare Products, Inc. and
manufactured by Nature's Value Inc. and Kabco Inc., respectively Cholestrix, sold by Sunburst
Biorganics. ... recall over Botulism fears Recalls.gov helps consumers identify dangerous products For information about your legal rights,
please click here or call the law firm ...
16 Oct, 2007 4:59 pm
... a permanent injunction in the Western District enjoining defendants from using CommScope's trademarks and from causing others to believe that defendants' products are connected with CommScope when they are not. CommScope markets and distributes a SYSTIMAX- and PATCHMAX-branded patch panel that allows ...
obligated to seek out such information. In exchange, CommScope agreed to dismiss its claims. The case cite is CommScope, Inc. of North Carolina
v. Electro Products, Inc., No. 06-577 (W.D. Wash.).
13 Apr 6:04 pm
... and expanded items that are being recalled. The following recalls have been announced because the products may be contaminated with
salmonella, an organism that can cause serious and sometimes fatal ... children, the elderly and those with weakened immune systems: Aurora Products Inc. is recalling select pistachio products. The recalled items
were distributed nationwide, as well as in Bermuda ... shell); 17-ounce plastic tub; UPC 65585200339; date codes 7/7/09 to 12/31/09 - Room Plus Inc. and In-Room West ...
10 Oct, 2007 9:17 pm
... a manufacturer or product seller obligated to provide technical translation of product warnings into languages other than English? In the case Ramirez v. Plough,
Inc., 25 Cal. Rptr.2d 97, 6 Cal. 4th 539 (Cal., 1993), Plaintiff brought ... was literate only in Spanish. The court found for Defendant,
concluding Plaintiff lacked sufficient grounds to bring a products liability case. According to the court's reasoning, "A manufacturer may not
be held liable in tort for ...
18 Jan 2:29 pm
... to Possible Health Risk (January 19) * Kroger Recalls Select Ice Cream Products Due to Possible Health Risk (January 19) * Abbott Nutrition
Announces Voluntary Recall ... America Expands Nationwide Recall of Peanut Butter (January 18) * Ralcorp Frozen Bakery Products,
Inc. recalls Food Lion Bake Shop brand PEANUT BUTTER COOKIES ( ... Peanut Butter Because of Possible Salmonella Contamination (January 18) *
Ralcorp Frozen Bakery Products Recalls Food Lion Bake Shop Peanut Butter Cookies Nationwide Because ...
26 Nov, 2007 12:30 pm
... 't like to mention them, I presume. Hill's Pet Nutrition, Inc. v. Nutro Products, Inc., 2007 WL 4105571 (C.D. Cal.) Hill's, maker ... not show admissible evidence of consumer deception. Likewise, as to Nutro's MAX Cat product, the
court granted summary judgment on the claim that Nutro's ad display falsely implied ... labeling guide, which states that such claims are "false and misleading unless the entire
product, itself, meets the USDA and FDA standards for feeds edible by humans." Industry consensus ...
2 Jul, 2008 10:19 pm
... involuntary Chapter 11 Bankruptcy Petition was filed against Ply-Marts, Inc. (a/k/a Ply-Mart and PlyMart) on July 1, 2008. Ch. 11 (Invol.)
... signed by Dixie Plywood Company of Atlanta, JB Hunt Transport, Inc., and Primesource Building Products, Inc.. As discussed in this post, Ply-Marts consented to the appointment of a receiver ... Ply-Marts has
commenced an orderly wind-down and liquidation of its lumber products business . The remaining operating divisions of Ply-Marts have sustained
and continue ...
18 Jan 2:29 pm
... America Expands Nationwide Recall of Peanut Butter (January 18) * Ralcorp Frozen Bakery Products, Inc. recalls Food Lion Bake Shop brand PEANUT BUTTER COOKIES ( ... Peanut Butter Because of Possible Salmonella Contamination (January 18) * Ralcorp Frozen
Bakery Products Recalls Food Lion Bake Shop Peanut Butter Cookies Nationwide Because of ... Products
Due to Possible Health Risk (January 17) * Hy-Vee Inc. Recalls Bakery Products With Peanut Butter
Distributed in Seven States Due to Possible Health Risk ( ...
8 Mar 3:00 am
... approved for publication and subsequently published for opposition on September 2, 2008. On November 21, 2008, Hanna-Barbera Productions, Inc., owner of several marks related to the Yogi Bear franchise of cartoons that first appeared on television in ... parties' respective marks are not
confusingly similar or likely to cause confusion amongst consumers or the trade. Yogiberry, Inc., is the owner of Registration No. 3498624 for
the mark shown below, which was registered on September 9, 2008, based ...
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