Tag Archives: Harm

Problems with the Evidence of Anticompetitive Harm from Common Ownership

Mike Sykuta and I have been blogging about our new paper responding to scholars who contend that institutional investors’ common ownership of small stakes in competing firms significantly reduces market competition and should be restricted.  (FTC Commissioner Noah Phillips cited … Continue reading

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Three stripes, three strikes: 9th Circuit wades into irreparable harm in TM again

Adidas America, Inc. v. Skechers USA, Inc., No. 16-35204 (9th Cir. May 10, 2018) The court of appeals affirmed a preliminary injunction against one Skechers shoe for infringing the unregistered trade dress of the Adidas Stan Smith shoe, but reversed … Continue reading

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Damage causation in false advertising can't assume that all harm was caused by falsity

Dependable Sales & Service, Inc. v. TrueCar, Inc., — F.Supp.3d —-, 2018 WL 2356658, No. 15-cv-1742 (S.D.N.Y. May 9, 2018)Plaintiffs, 108 individual automobile dealerships, alleged false advertising by TrueCar’s ads promising a “no-haggle,” no-negotiation car-buying experience, thus diverting business from … Continue reading

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“No Harm” Ratings and Nursing Homes: How is a Bedsore not considered “actual harm”?

Monitoring and reporting of elder abuse is one of the most important responsibilities delegated to New York regulators. However, recent news reports have cast a light on the accuracy and effectiveness of these reports. Advocates for elder care say the … Continue reading

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Appeal Court Says Judges Cannot Avoid Determinations of Grave Risk of Harm in Hague Convention Cases

The Ontario Court of Appeal recently reversed a Hague Convention order that a mother from England must return to England with her two children, failing which her British husband would have custody of their children. (Zafar v. Saiyid (2018) ONCA … Continue reading

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