Tag Archives: claims

Wait – So There Is No “Viagra for the Brain?” FTC Yet Again Bars Dietary Supplement Sellers from Making Unsupported Cognitive Claims

Consumers over 50 are on an endless quest for things that make us feel, look, or perform like younger versions of ourselves. Marketers aware of how aging demographics are tuned into this quest. The FTC has been especially vigilant in … Continue reading

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Establishing a prima facie case of unlawful discrimination triggers the McDonnell Douglas Corp. protocols used to evaluate employee's claims

In this appeal the United States Circuit Court of Appeals, Second Circuit, considered the employee's [Plaintiff] challenge to a federal district court's summarily dismissing his Title VII  complaint  "in the entirety" on the motion of his former employer [Defendant] and … Continue reading

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Coverage Complications for Prior Acts Under Claims Made Insurance Policies

Theoretically, claims made insurance coverage applies to claims made during the policy period regardless of when the underlying acts took place. The claims made arrangement contrasts with the framework under an occurrence policy, where coverage applies according to when the … Continue reading

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Second Circuit – Copyright Law – Attorneys Fees To Prevailing Parties Where Copyright & Trademark Claims Not Adjudged

Can a "prevailing party" in a copyright or trademark action obtain attorneys fees even if the victory had nothing to do with the Copyright Act or Lanham Act?   The Second Circuit, in a pair of recent decisions involving alleged infringement of test … Continue reading

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Case o' The Week: A Wobble Bobble? – Christopher Johnson, Claims vs. Arguments, and Rule 32 on Appeal

  Priors may wobble, but they don’t fall down (in the Ninth).United States v. Christopher Johnson, 2019 WL 1523106 (9thCir. Apr. 9, 2019), decision available here.Players: Decision by Judge Mark Bennett, joined by Judges M. Smith and Nguyen.   Hard-fought appeal by … Continue reading

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