- UK panel declines to ban “I like gin” tea ad [Campaign]
- Do pics of tree-shaped air fresheners violate trademark rights of product marketer? [PoL]
- Man’s EU trademark for “Keep Calm and Carry On” raises hackles [Maria Bustillos, The Awl]
- When was the last time Congress chose to repeal a law restricting employers? Surely more recently than with the Portal to Portal Act of 1947 [Fox, Jottings]
- NYC: “City’s Top Lawyer Details Payouts of $561 Million in Lawsuits” [NYT]
- Calif. Gov. Brown vetoes attorney-backed bill widening fee entitlement where claimed damages not recovered [CJAC]
- Ira Stoll has been assembling a list of cost-free measures to help the economy, #17 is the proposed EPA-curbing Cement Regulatory Relief Act, #13 is “Eliminate requirements for legal ads in print newspapers in connection with business formation.” [Future of Capitalism]
Archive for 2011
IP suit shuts down time zone database
An open-source database described as “the computing world’s principal source of time-zone data” and “the key tool used by everyone to tell the right time globally” was shut down last week because of a lawsuit asserting that it was too dependent on a privately published atlas which was (allegedly) improperly relied on for historic entries. It’s been rebooted now, but the database compilers still face possible personal liability. [Stephen Colebourne, update] Programmer Arthur Olson, incidentally, is no relation.
“Upset Moviegoer Sues Over ‘Misleading’ Trailer”
Sarah Deming has sued the distributor of the critically acclaimed Ryan Gosling thriller DRIVE under Michigan’s Consumer Protection Act, saying it was promoted “as very similar to the Fast and Furious, or similar, series of movies” but “bore very little similarity to a chase, or race action film…having very little driving in the motion picture.” The suit aims for class-action status. [Lawyerist, Guardian]
Depressing government-and-business datum
Notwithstanding the observation the other day that Apple didn’t make it by being a political concern, the Economist reports that according to an index produced by Strategas, an investment-research firm, the stocks of American firms that do a lot of lobbying substantially outperform the broader market.
Adventures in extraterritoriality, Drug War edition
“The House Judiciary Committee passed a bill yesterday that would make it a federal crime for U.S. residents to discuss or plan activities on foreign soil that, if carried out in the U.S., would violate the Controlled Substances Act (CSA) — even if the planned activities are legal in the countries where they’re carried out.” [Balko, Somin]
ADA roundup
- “Federal judge: ADA makes porches in new stores illegal” [PoL]
- “San Francisco Manages to Spend $700K for a Wheelchair Ramp” [Lowering the Bar] Taco Bell hit with potentially expensive California verdict [AP]
- Looking for regulations that burden economy? Look no further than the ADA [Bader]
- Website critical of serial California filers [Highest Paid Lawyer]
- Parking lot rules imperil historic re-creation of Victorian setting in east L.A. [EastSider]
- “Morbidly” obese, at least, covered: EEOC sues over firm’s dismissal of 680-lb. man [Houston Chronicle, Hyman, MySanAntonio]
- $1.1 million verdict against Iowa university for failing to accommodate worker’s mental state could encourage more suits [Fox]
- Missed this in June: “Netflix sued by deaf group over lack of subtitles” [Lance Whitney, CNet]
Four Loko agrees to warn of alcohol buzz
Settling a lawsuit filed by the Federal Trade Commission, the maker of the drink agrees to warn on its label that it really has quite a lot of alcohol in it and can get you tipsy without having to go back often for refills. As Elie Mystal notes, the “warning” might fit rather nicely into the beverage’s marketing strategy. Scott Greenfield has thought of a parallel case.
“If every global bank in New York can be subpoenaed globally…”
“…We’ll just do our business in London.”
“Isolated” EPA enforcement abuse
Louisiana plant manager Hubert Vidrine has won a rare $1.7 million verdict against the federal Environmental Protection Agency (EPA) for malicious prosecution, with a judge lambasting EPA’s enforcement apparatus for “reckless and callous disregard” of Vidrine’s rights. Agency defenders say it was an isolated case of a rogue agent, a proposition I examine in my latest Cato post. More: Orin Kerr, Volokh.
Legal trap doors for New Jersey builders
According to attorney Jeffrey Newman in the Times of Trenton, New Jersey law allows class actions and consumer fraud suits to be based on paperwork infractions with no showing of actual harm, creating openings for opportunistic litigation:
As an attorney, I have defended numerous business owners against frivolous claims in which the plaintiff could prove absolutely no injury and he or she had received whatever service or product that was promised. Yet there was language in the purchase agreement that was found to be considered “non-compliant” with the Contractors Registration Act and the Consumer Fraud Act’s Home Improvement Contract regulations.
…Contractors who choose to use boilerplate contracts often sold in office supply stores are playing with fire, as such agreements would never withstand the scrutiny of the state’s consumer protection laws. When contractors use these forms and are sued, the courts can rule that they have to hand back to the consumer every penny — even the money they laid out for materials to do the job. … In another case, we represented a contractor whose advertisements were not in compliance. Even though the plaintiff never bought anything, our client was still sued!