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California Brings Consumer Protection Suit Against TikTok For Harming Youth

SAN JOSE, Calif. — The California Attorney General’s Office on Oct. 8 filed a lawsuit in state court accusing the owners and operators of the TikTok social media app of violating California’s unfair competition law (UCL) and false advertising law (FAL) by intentionally targeting children, including those younger than 13, with addictive features and illegally collecting their data.  Similar consumer protection suits were recently filed in more than a dozen other states.

2nd Circuit: Keyword Search Ads Based On Trademarks Not Infringing

NEW YORK — Affirming a New York federal judge’s entry of judgment on the pleadings in a trademark dispute between competing eyewear brands, the Second Circuit U.S. Circuit Court of Appeals on Oct. 8 said that “the mere act of purchasing a search engine keyword that is a competitor’s trademark does not alone, in the context of keyword search advertising, constitute trademark infringement.”

7th Circuit: No Fees In Trademark Dispute Over Pipes For Smoking

CHICAGO — A federal judge in Illinois was right to deny a smoking pipe manufacturer’s motion for attorney fees after a plaintiff trademark owner voluntarily dismissed with prejudice his infringement claim against the company, a panel of the Seventh Circuit U.S. Court of Appeals held, finding that the defendant company failed to show how the case is “exceptional” as required for attorney fees under the Lanham Act.

New York Court: No Privacy Protections For Asbestos Expert’s Talc Study Subjects

NEW YORK — The subjects of research papers on the connection between cosmetic talc and mesothelioma are clearly relevant to personal injury actions, and because the subjects were never treated by or patients of the researchers, they are not protected by federal health privacy law, a panel of the First Department New York Supreme Court Appellate Division said Oct. 8.

High Court Hears Arguments On Whether ATF May Treat ‘Ghost Gun’ Parts As Firearms

WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 8 heard competing arguments as to whether the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) may for the purposes of regulation broaden the Gun Control Act’s (GCA) definition of “firearm” to include parts of “ghost guns,” which can be assembled into weapons after performing certain operations on them such as drilling holes or removing plastic tabs and which, before the regulation, were considered by some manufacturers to not require serial numbers or a firearms background check before sale.

U.S. High Court Hears Arguments On Preliminary Injunction And Attorney Fees

WASHINGTON, D.C. — A preliminary injunction is nothing more than “a threshold prediction of the likelihood of success based on a truncated record” and can’t make a plaintiff a prevailing party for the purposes of awarding attorney fees, an attorney representing the commissioner of the Virginia Department of Motor Vehicles argued Oct. 8 before the U.S. Supreme Court.

9th Circuit Grants Restaurants’ Motion To Dismiss Appeal In COVID-19 Coverage Suit

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Oct. 7 granted a motion by owners, operators and managers of two Napa Valley, Calif., restaurants to dismiss their appeal in a coronavirus coverage dispute after the California Supreme Court dismissed its consideration of the Ninth Circuit’s certified question asking whether an insurance policy’s virus exclusion is unenforceable.

3-Year Injunction Issued Against Google In Antitrust Dispute With Epic Games

SAN FRANCISCO — A California federal judge on Oct. 7 issued a three-year permanent injunction against Google 10 months after a jury entered a verdict in favor or Epic Games Inc. in its antitrust dispute with Google LLC over the Android app market and the Google Play Store, finding that “[r]equiring Google to allow other app stores to be distributed through the Play Store for a discrete period is a modest step to correct the consequence of unlawfully preventing rival stores from reaching users and developers.”

Flavored E-Liquid Makers Urge High Court To Reject FDA Defense Of E-Cig Bans

WASHINGTON, D.C. — Two makers of e-cigarette products urge the U.S. Supreme Court in an Oct. 7 response brief to side with the en banc Fifth Circuit U.S. Court of Appeals in a circuit split over Food and Drug Administration bans of e-cigarette products and affirm the en banc court’s findings that FDA unfairly changed its requirements for vape product manufacturers and “committed prejudicial error” during the review process.

Hawaii High Court Says GHGs Are Pollutants, Reckless Conduct Is Accident

HONOLULU — In response to two certified questions posed by a federal court in Hawaii in a suit filed by an insured petroleum company seeking coverage for underlying lawsuits alleging that the company is responsible for contributing to the effects of global warming based on its failure to warn of the hazards of using fossil fuel products, the Hawaii Supreme Court on Oct. 7 determined that an “accident” includes an insured’s reckless conduct and that greenhouse gases (GHGs) are pollutants as defined in the subject policies’ pollution exclusions.

U.S. High Court Hears Arguments On Jurisdiction After Amended Class Complaint

WASHINGTON, D.C. — The Eighth Circuit U.S. Court of Appeals’ determination that an amended class complaint no longer belonged in federal court after all references to federal law have been eliminated “is an extreme outlier” and “conflicts with the text and structure of [28 U.S. Code] Section 1367 and with more than a century of precedent,” an attorney representing the makers of prescription pet food argued Oct. 7 before the U.S. Supreme Court.

LATEST NEWS

NCAA, Conferences’ NIL Agreement With Student-Athletes Preliminarily Approved
California Brings Consumer Protection Suit Against TikTok For Harming Youth
2nd Circuit: Keyword Search Ads Based On Trademarks Not Infringing
3rd Circuit Refuses To Rehear Consolidated Appeals In COVID-19 Coverage Suits
Judge: ‘Sham Affidavit’ About Shipyard Bills Can’t Save Asbestos Case
Government Argues Man Failed To Show Error In His CAA, Bank Fraud Convictions
Louisiana Federal Judge Tosses Hurricane Coverage Row With Guaranty Association
Parties Stipulate To Dismissal Of Trademark Suit Involving ‘FLORIDA MAN’ Mark
EPA: Water Systems Nationwide Must Replace Lead Service Lines Within 10 Years
Judge Rules On Report And Recommendation In FCA Nursing Home Staffing Dispute
Chemical Company: Insurer Withheld Full Value Of Business Interruption Loss
AI Entities Want Consolidation, Tout Dramatic Overlap, ‘Complex Discovery’
7th Circuit: No Fees In Trademark Dispute Over Pipes For Smoking
Algorithmic Casino Room Pricing Antitrust Suit Fails For Lack Of Agreement
Testimony On Child’s Sexual Abuse OK’d In Case Against School Board, Bus Monitor
Case Alleging Company Used Meta Tools To Collect Patient Data Moves Forward
$490M Settlement Between Apple, Investors Over IPhone Sales Gets Final OK
FDA: District Court Should Dismiss Mifepristone Case; Intervening States Say No
Settlement Conference Scheduled In Hurricane Ida Coverage Dispute
2nd Circuit Amends Securities Suit Ruling To Cut Portion On Unbriefed Claims
New York Court: No Privacy Protections For Asbestos Expert’s Talc Study Subjects
Customer Data Law Deemed Unconstitutional In Ruling For DoorDash, Grubhub
Mediator: Restaurant, Insurer Settle Suit Over Looting Damage After Hurricane Maria
Labor Union Denied Early Appeal Of Partial Dismissal In Data Breach Suit
EEOC Complaint Alleges Wholesale Nursery Violated Pregnant Workers Fairness Act
High Court Hears Arguments On Whether ATF May Treat ‘Ghost Gun’ Parts As Firearms
Breach Of Contract Claim Is Only Viable Claim In Water Damage Coverage Suit
Panel Vacates, Remands No Coverage Ruling In Dispute Over Defective Renovation Work
U.S. High Court Hears Arguments On Preliminary Injunction And Attorney Fees
Complaint Unsealed In FCA Suit Accusing Assisted Living Provider Of Medicaid Fraud