0 results for 'Kaplan'
A new use for consumer class actions
Plaintiffs' lawyers are filing an increasing number of class actions under state consumer-protection laws in conjunction with, or in place of, traditional personal injury class actions. In recent years, judges have refused to certify class actions of personal injury claims, in most cases because the facts and circumstances surrounding injured plaintiffs are too dissimilar to allow their claims to be decided together.Two months after opting out of a class action against Pfizer, a group of major public and private institutional investors are taking matters into their own hands. On Thursday the breakaway investors and their lawyers at Bernstein Litowitz filed their own securities fraud suit, accusing Pfizer of duping shareholders about risks associated with two once-blockbuster drugs.
Tales of 'Tarnished' Trademarks Forced Change
In the wake a of a settlement between Tiffany & Co. and a 50-year-old Miami hotel, other landmarks that share famous namesakes appear vulnerable. The threat lies in the Dilution Act, which targets portraying a famous mark in an unsavory context or the whittling away of distinctiveness by noncompeting businesses. The act has no statute of limitations and no provision on whether it can be applied retroactively, and the courts have rendered inconsistent decisions that cry out for clarity.Trademarks as Collateral: Lenders Beware
Trademarks can be useful as debt security for lenders and borrowers alike. Too often, however, the parties fail to take basic trademark principles into account when setting up trademark security interests. The results can be disastrous -- leading even to destruction of the very trademark in which the security interest is sought. This paper explains the relevant trademark law and potential pitfalls to avoid.Cite as: In re Merrill Lynch Auction, 09 MD 2030 (LAP), NYLJ 1202489005791, at *1 (SDNY, Decided March 29, 2011)District Judge Loretta A. Preskap class="de
Plaintiffs Respond to the Chevron Outtakes
The plaintiffs' response to The American Lawyer's exclusive release of outtakes from the documentary Crude, as written by Amazon Defense Coalition spokeswoman Karen Hinton.Cite as: MLSMK Investment Company v. JP Morgan Chase & Co., Index 10-3040-cv, NYLJ 1202499634383, at *1 (Court, Decided July 7, 2011)Before: Mclaughlin, Poo
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