avvo
Get flash to fully experience Pearltrees
Rebecca Tushnet's 43(B)log
In the Matter of POM Wonderful LLC and Roll Global LLC , FTC File No. 082-3122 (May 21, 2012) Bottom line: while rejecting complaint counsel’s arguments that double-blind, randomized clinical trials were required to substantiate health claims of the sort made by Pom, the ALJ found that Pom didn’t meet the somewhat lower standard of reliable and competent scientific evidence either with respect to claims about heart health/disease, prostate health/disease, and erectile function/dysfunction. Though I don’t think the opinion explicitly says so in so many words, it implicitly acknowledges what I think any honest observer of the general consumer market would have to: ordinary consumers are unlikely to regularly distinguish between a “supports health” claim and a “prevents disease” claim in any relevant way, meaning that the DSHEA’s framework is fundamentally rotten.
A little late with this. Here are my picks today (will provide the full bracket tonight): K-State(W), Marquette (W), Murray State(W), Vandy(W), L-Ville(W), Montana, UNC-Asheville. W indicates my pick for straight up winners. Otherwise the pick is against the spread (i.e.
TalkLeft: The Politics Of Crime
Skydive Arizona, Inc ., has sold skydiving services under its SKYDIVE ARIZONA trademark since 1986. Cary Quattrocchi, Ben Butler, and others, d/b/a 1800SkyRide (“Skyride”), operate an advertising service that makes skydiving arrangements for customers and issues certificates that can be redeemed at a number of skydiving drop zones. Skydive Arizona sued Skyride in the District of Arizona for false advertising, trademark infringement, and cybersquatting. On its false advertising claim, it alleged that Skyride misled consumers wanting to skydive in Arizona by stating that Skyride owned skydiving facilities in Arizona when it did not. It also alleged that Skyride deceived consumers into believing that Skydive Arizona would accept Skyride’s skydiving certificates when it would not.
Michael Atkins - Seattle Trademark Lawyer
Walter Russell Mead weighs in ["First, Let’s Indenture All The Lawyers," The American Interest ] Federal student loan program serves as enabler of insane law student debt burdens [Brian Tamanaha, "The Quickly Exploding Law Student Debt Disaster," Balkinization via Caron ] Related: “Judge Tosses Lawsuit against Law School over Employment Stats” [ WSJ Law Blog , WLF "Legal Pulse" , earlier ] “Remedies for Unreasonably Defective Law Schools” [ Frances Zacher, Abnormal Use , more ] And: A. Benjamin Spencer (Washington & Lee), “The Law School Critique in Historical Perspective” [ SSRN via Caron ] Anthony T. (Tom) Caso at the Federalist Society’s “Engage” analyzes California chemical-warning law, long notorious for empowering entrepreneurial lawyers to file suits supposedly on behalf of the general public and then settle those suits for cold cash. Tagged as: Prop 65
Overlawyered — Chronicling the high cost of our legal system
Understanding Patents for Your Business
Understanding intellectual property is not rocket science. But the legal aspects are sometimes counter intuitive or sometimes downright obtuse. The answer is quite simple.New York Business Divorce : New York Business Dissolution Lawyer & Attorney : Farrell Fritz Law Firm : Buy-outs, Shareholder Disputes : New York, NY
A lawsuit between the owners of an upper east side Manhattan "gentlemen's club" called Sapphire, involving charges of self-dealing and financial abuse by the managing partner, led to an interesting but not surprising decision earlier this month, holding that a member of LLC #1 which, in turn, is a member of LLC #2, lacks standing to seek judicial dissolution of LLC #2. JG Club Holdings, LLC v. Jacaranda Holdings, LLC , 2012 NY Slip Op 50724(U) (Sup Ct NY County Apr. 20, 2012) . The club, owned and operated by a New York limited liability company called Jacaranda Club, LLC ("Sapphire"), arose from the ashes of the notorious Scores strip club that closed down at the same location in 2008.
3-12-2012 Florida: Two years after dozens of sex offenders who’d lived under the Julia Tuttle Causeway were moved into apartments, offenders recently released from prison sleep on a Miami street. Ostracized by harsh residency laws and barred from taking shelter under a bridge, as many as two dozen homeless sex offenders are now setting up camp nightly on a tiny slab of sidewalk in the Shorecrest residential neighborhood in northeast Miami. With no roof over their heads, no beds to sleep on, the men gather by 10 each night at the southwest corner of Northeast 79th Street and 10th Avenue, on the concrete near a vacant lot owned by the city of Miami.
Sex Offender Research: Issues, News and Recidivism
[ Update : Friday, 6.11pm: Coincidentally, the H-S reports on a Duke Law School forum about the Martin shooting. The analysis all seems on-point, especially on the peculiar nature of the Florida "stand-your-ground" law, though I'm far more skeptical about the likelihood of any federal prosecution than is Prof. Beale. That said: it's striking to note the contrast between the scheduling of this panel and the lack of such a Law School event while the lacrosse case was occurring. (There was an excellent law school panel several months after the exoneration.)] Last week, Andrew Sullivan’s highly-trafficked Daily Beast blog ran a post with the above title ; it consisted mostly of a letter from a Sullivan reader analyzing the George Zimmerman case.
Durham-in-Wonderland
Putting a bad pun in the title is always a great start to a blog post, right? Try the veal, I'm here all week. But seriously, proving medical causation of an injury in a personal injury case nearly always requires expert medical testimony. There a few exceptions for objective injuries that would be obvious to a layperson (like cuts and bruises), but generally proving medical causation requires a physician to testify that within a reasonable degree of medical probability, the injury or medcial condition was causally related to the accident. The most obvious source of this testimony is the plaintiff's treating physician.
Baltimore Injury Lawyer Blog: Discussing auto accident, truck accident, medical malpractice and products' liability cases: published by lawyers at Miller & Zois
Brain imaging technology advances at a rapid pace. A new process, called "high definitiion fiber tracking," reveals areas of brain injury with more exactness than standard scans such as CT & MRI and even the newer DTI method. Millions of Americans suffer a traumatic brain injury, or TBI, each year. Most TBIs are concussions or other milder injuries that generally heal on their own; some are more severe and may lead to death or disability. Because TBIs also affect more than 200,000 soldiers who served in Iraq and Afghanistan, the U.S. defense department supports TBI research studies including that of Dr. Walter Schneider, professor of psychology and neurosurgery at the University of Pittsburgh Medical Center.
California Personal Injury Law Case Notes : California Personal Injury Lawyer & Attorney : Kristine Meredith : The Danko Law Firm : Car Accidents & Product Liability
One of my students came across a humorous blog post from February, 2012. Titled, “ What your payment method reveals about you ,” the author listed a series of unlikely payment actions and a line on the presumed personal characteristics of the payer. The humor appeals to… well, us, anyway, and probably you, too.
Credit Slips
Los Angeles Intellectual Property Trademark Attorney Blog :: Published by Los Angeles, California Patent Application, Trademark Litigation and Copyright Litigation Lawyers, Milord & Associates, PC
In an opinion that shocked no one except Spearmint Rhino, the Court dismissed WITH PREJUDICE – a rarity at such an early stage in litigation – the strip club operator’s trademark infringement case against Chiappa Firearms. Spearmint sued Chiappa for using a rhino outline as a trademark on its guns alleging that its use is “likely to cause confusion, or to cause mistake, or to deceive because, among other reasons, consumers are likely to believe that there is an affiliation, connection, or association between” Spearmint and Chiappa. As predicted, the Court disagreed with Spearmint because consumers are unlikely to confuse its G-strings with guns. Chiappa filed a motion to dismiss the complaint, wherein the court is requested to decide whether, assuming all the allegations in the complaint are true, the plaintiff has still failed to present a case entitling it to damages.Manpower Portal
Blawg on Break [] Fri 06 Apr 2012 12:05:43 PM CET From April 9-13, the Blawg will be on Spring Break while we tweak a few things behind the scenes. The new and improved Blawg ... FREE Webinar April 25 [] Fri 06 Apr 2012 11:54:56 AM CET You are hereby cordially invited to my next 187% FREE webinar, entitled Everything You Ever Wanted to Know About Employee ... 57.3 Billion Wasted Hours [] Thu 05 Apr 2012 05:10:06 PM CET On April 25, I’m presenting a webinar entitled Everything You Ever Wanted to Know About Employee Engagement. One of the things ...I've told the story of how Legal Insurrection got started before, but I'll give it a little more flavor. Prior to starting this blog, I was completely non-political. I may have donated small amounts of money to a handful of candidates, but I was not politically active. Like most people, I was more concerned with other aspects of life.