Faruki Blog

Federal Court Rejects the "Prior Substantiation Doctrine" in Consumer Class Action, Requiring Affirmative Proof of False Advertising

As seen in the decision in Scheuerman v. Nestlé Healthcare Nutrition, Inc. 2012 U.S. Dist. LEXIS 99397 (D.N.J. July 17, 2012), courts are.. Read More

Sciele Pharma: Making Old Art More Valuable in Patent Cases

In Sciele Pharma Inc. v. Andrx Corp., the Federal Circuit added some needed clarity to the concept of the "presumption of validity" in patent law,.. Read More

Supreme Court Update: When the Smart Money Is Split Between the Favorites, Bet on the Long Shot

That bit of horse-racing wisdom expressed on the TV show M*A*S*H (ironically, by the pious chaplain, Father Mulcahy) should have been heeded by the.. Read More

How Rigorous is Rigorous? The Supreme Court of Ohio Accepts Review of a Class Certification Decision That May Finally Clarify the Requisite "Rigorous Analysis" of Rule 23 in Class Action Lawsuits

On June 20, 2012, the Supreme Court of Ohio accepted an appeal from the Eighth District Court of Appeals (Cuyahoga County), which affirmed class.. Read More

The FTC’s Recent Settlement with Myspace Shows that the FTC Will Continue to Hold Online Social Networking Companies to the Promises in their Privacy Policies

The FTC’s recent settlement with Myspace continues the FTC’s enforcement policy of holding online social networking companies to the promises in.. Read More

The Ohio Supreme Court Limits Access to Personal Information

The May 10, 2012 decision in State ex rel. Cincinnati Enquirer v. Craig (Slip Opinion No. 2012-Ohio-1999) from the Ohio Supreme Court is the latest.. Read More

The Ohio Supreme Court Limits Access to Confidential and Privileged Information Maintained by a School District

In a 7-0 decision issued on November 29, 2011, the Ohio Supreme Court denied a writ of mandamus seeking to compel a school district to produce copies.. Read More

Sixth Circuit Declines to Clarify Aesthetic Functionality Test (or Even Whether the Doctrine Has Been Adopted in This Circuit): Maker's Mark's Wax Seal Trademark Protected and Not Functional

The Sixth Circuit affirmed the Western District of Kentucky, finding that Maker's Mark's dripping red wax seal is protected as a trademark. Maker's.. Read More

Controversial Guidance from EEOC Complicates Use of Criminal Background Reports

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) updated its Enforcement Guidance on the Consideration of Arrest and Conviction.. Read More

California's "Shine the Light" Law: Protecting Your Business from Class Action Plaintiff's Lawyers' Newly Found Weapon

Generally, the California's "Shine the Light" law requires disclosure by any "business" that has disclosed "personal information" to "third parties".. Read More
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