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7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
16 Aug 2023, 11:08 am by Bill Marler
Even after the Court’s twisted opinion in Supreme Beef v. [read post]
3 Jan 2013, 12:54 pm by Eric Alexander
Kent, 552 U.S. 440 (2007)—whether state statutory provisions that require a plaintiff to prove some version of fraud-on-the-FDA as a predicate to recovery on certain claims are preempted by Buckman Co. v. [read post]
3 Jan 2013, 2:21 pm by Eric Alexander
Kent, 552 U.S. 440 (2007)—whether state statutory provisions that require a plaintiff to prove some version of fraud-on-the-FDA as a predicate to recovery on certain claims are preempted by Buckman Co. v. [read post]
6 Jan 2017, 7:17 am by Charles Casper
  Here, because all Wesson Oil bottles included the “100% Natural” label, the class definition was simple and objective:  everyone who bought Wesson Oil during the relevant time in one of 11 states. [read post]
6 Jan 2017, 7:17 am by Charles Casper
  Here, because all Wesson Oil bottles included the “100% Natural” label, the class definition was simple and objective:  everyone who bought Wesson Oil during the relevant time in one of 11 states. [read post]
21 Jun 2017, 6:00 am by Martha Engel
In Monday’s decision in the newly minted, Matal v. [read post]
25 Jul 2008, 3:26 pm
No litigant who states a cause of action will be turned away by mistakes in labeling or in his counting of the papers required to be served"), Judge Levine held:The same reasoning applies to the instant matter. [read post]
6 Feb 2015, 9:43 am by James Kachmar
Turning to the issue of likelihood of consumer confusion, the Ninth Circuit stated that it had to use the factors from AMF, Inc. v. [read post]