Tag Archives: Rejects

Second Circuit rejects falsity by necessary implication claim for UL certification

Board-Tech Electronic Co. v. Eaton Corporation, Cooper Wiring Devices, Inc., — Fed.Appx. —-, 2018 WL 2901336, No. 17-3829-cv (2d Cir. Jun. 11, 2018)Board-Tech and Eaton compete in the market for decorative light switches. Underwriters Laboratories (UL) is an independent entity … Continue reading

Posted in Advertising Law | Tagged , , , , , , , | Leave a comment

D&O Insurance: Court Rejects Insurers’ Argument That Coverage for a DOJ Subpoena is Precluded

As I have noted in numerous prior posts, the question of whether or not a D&O insurance policy provides coverage for a subpoena is a recurring issue. A recent decision out of the Northern District of Illinois denied the relevant … Continue reading

Posted in Corporate Law | Tagged , , , , , , , , | Leave a comment

It takes an Empire to hold Dr. Seuss back: court revisits TM claim and rejects liability for mashup

Dr. Seuss Enterprises, L.P. v. ComicMix LLC, No. 16-CV-2779-JLS, 2018 WL 2306733 (S.D. Cal. May 22, 2018)Twentieth Century Fox Television v. Empire Distribution, Inc., 875 F.3d 1192 (9th Cir. 2017), interprets and applies the test from Rogers v. Grimaldi, 875 … Continue reading

Posted in Advertising Law | Tagged , , , , , , , , , , | Leave a comment

Debtors Lose? Third Circuit Rejects “Discovery Rule,” Restricts Period to Assert Federal Debt Collection Actions in Break With Fourth and Ninth Circuits

In an en banc decision issued last Tuesday, the Third Circuit held that civil actions alleging violations of the Fair Debt Collection Practices Act (FDCPA) must be filed within one year from the date of the violation’s occurrence – and … Continue reading

Posted in Banking and Finance law | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

Ninth Circuit Rejects Decisions of Five Other Circuits: Exchange Act Section 14(e) Does Not Require Scienter

Scienter has been a critical element of a claim based on Exchange Act Section 10(b) in an SEC enforcement action since the Supreme Court’s decision in Aaron v. SEC, 446 U.S. 680 (1980). It has also been a key element … Continue reading

Posted in Securities Law | Tagged , , , , , , , , , | Leave a comment