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February 03, 2014 |

Taking It All the Way to Trial, or Acting 'As If'

When the U.S. Marshals Service seized the booth of a Chinese tire maker at a Las Vegas trade show and confiscated its contents, it was an unambiguous message from Weisbrod Matteis & Copley: Pay up.
3 minute read
December 23, 2013 | Insurance Coverage Law Center

McBride v. Acuity

Click Here for FC&S Legal Expert Analysis McBridev.Acuity 510 Fed.Appx. 451This case was not selected for publication in the Federal Reporter.Not…
13 minute read
June 01, 2009 |

Right to Publicity Gets Taste Test

With his case at the state Supreme Court, a man who sued the maker of Taster's Choice for using his photo on labels and in ads for years must clear the single-publication hurdle.
5 minute read
August 18, 2009 |

Nestle Off the Hook? Court Broadens Single-Publication Rule

The California Supreme Court says publishers can invoke the defense not only for defamation-like claims, but also for appropriation of image. Nestle USA might be spared a $15.6 million verdict.
3 minute read
June 13, 2000 |

Registration of Copyright in Software Absolutely Privileged by State Law

In a case of first impression, a federal court in California ruled that a copyright registration application is protected by the litigation privilege. In a dispute regarding the ownership of software produced for Nestle USA Inc. by Virtual Integration Technology, the court said "applying the litigation privilege to a copyright application is necessary to protect access to the judicial system."
4 minute read
August 18, 2009 |

Court Broadens Single-Publication Rule

The California Supreme Court says publishers can invoke the defense not only for defamation-like claims, but also for appropriation of image. Nestle USA might be spared a $15.6 million verdict.
3 minute read
August 18, 2009 |

Calif. Supreme Court Broadens Single-Publication Rule

In a limited victory for publishers, the California Supreme Court ruled Monday that the state's single-publication rule applies to the tort of appropriation of likeness. The ruling came in the case of a model who said Nestle USA used his face -- without his knowledge -- to sell Taster's Choice instant coffee for years. The model had won $15.6 million at trial, but the Supreme Court sent the case back to determine whether his claim is barred by the statute of limitations.
3 minute read
August 17, 2009 |

Court broadens single-publication rule

In a limited victory for publishers, the California Supreme Court ruled Monday that the state's single-publication rule applies to the tort of appropriation of likeness. The ruling came in the case of a model who said Nestle USA used his face ? without his knowledge ? to sell Taster's Choice instant coffee for years.
1 minute read
June 13, 2003 |

Opinion Paves Way for 17200 Work Discrimination Cases

A state court of appeal upheld a $5 million age discrimination jury award against Nestle U.S.A. Inc. on Thursday, a ruling that opens the door for attorneys to use the state's unfair competition law in employment discrimination cases. The unanimous opinion, authored by Second District Justice Joan Dempsey Klein, held that injunctive relief under Business & Professions Code � 17200 is an appropriate remedy when businesses discriminate against older workers.
3 minute read
August 24, 2009 |

In re Chocolate Confectionary Antitrust Litig.

Applying principles of general jurisdiction to defendants' Rule 12(b)(2) motions to dismiss, the court found that plaintiffs had made a prima facie showing that two of the foreign defendants, Cadbury plc and Cadbury Holdings Ltd., controlled Cadbury USA to such an extent that it acted as their alter ego. Motions to dismiss for lack of personal jurisdiction granted in part, denied in part.
3 minute read

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