Mix-in's as Grey Goods: Identifying Third-party Ingredients By Brand Names
Defendant bakery identifies branded cookies and candies as toppings for its cakes. Plaintiff See's Candies alleges that defendant's 'manufacture, storage, sales and storage' processes don't meet See's standards, therefore the See's candies offered are materially different and therefore infringing. Read more...
The Trademark Blog, Today, 9:16am
Text of Ninth Circuit Opinion Reversing BRATZ Constructive Trust
Coverage here. Read more...
The Trademark Blog, Yesterday, 9:16pm
L.A. Teachers Bail Now $23 Million
The bail number for the Los Angeles teacher accused of gagging and blindfolding his students increased to $23 million, 1 million for each count, according to an LA Times article posted Wednesday. Read more...
LawInfo Weblog, Yesterday, 11:54am
New Law Fallout: Asian American Rights Committee of California Sues to Enjoin Shark Fin Ban
The Asian American Rights Committee of California filed suit against the state of California last month, seeking an injunction and declaratory judgment invalidating the state’s new Shark Fin ban. Read more...
LawInfo Weblog, Yesterday, 11:52am
Texas Billionaire Adopts His Girlfriend
and she’s not even underage. In a twist of facts that’s got legal analysts scratching their heads, a 48 year old Houston billionaire John Goodman has adopted his 42 year old girlfriend Heather Hutchins. Read more...
LawInfo Weblog, Yesterday, 11:52am
Partying Pictures on Facebook Lead to Denial of Workers’ Compensation Benefits
Facebook Indiscretions Strike Again! Read more...
LawInfo Weblog, Feb 2, 12:04pm
Legal Masterminds: Current U.S. Supreme Court Justices: John Roberts
Legal Masterminds: Current U.S. Supreme Court Justices Read more...
LawInfo Weblog, Feb 2, 12:01pm
NCAA Puts Nebraska On Probation For Book Violations
The NCAA put the University of Nebraska on 2 years probation Wednesday for allowing athletes to receive impermissible benefits in the form of textbooks and other school supplies, according to a story on Yahoo News. The NCAA also endorsed Nebraska’s self-imposed $38,000 fine. Read more...
LawInfo Weblog, Feb 2, 12:00pm
Long-Term Intellectual Outcome of Traumatic Brain Injury in Children: Limits to Neuroplasticity of the Young Brain,
This month’s issue of Pediatrics, the official journal of the American Academy of Pediatrics contained an interesting article, Long-Term Intellectual Outcome of Traumatic Brain Injury in Children: Limits to Neuroplasticity of the Young Brain, by Harvey S. Levin.
Dr. Levin reports on two studies from the same children’s hospital with regard to the outcome of children who have sustained traumatic brain injury. Dr. Levin states that “taken together, these studies challenge views long held by clinicians and researchers, including that young children are more resilient to the effects of TBI on intellectual development then older children because of the greater capacity for neuroplasticity. The view that young children have greater capacity for cerebral reorganization of function may find support in early, focal vascular... Read more...
Brain Injury Lawyer, Feb 2, 8:05am
Pair Denied Entry into the United States Due to Tweets
Last week Leigh Van Bryan, 26, and Emily Bunting, 24, were detained at the Los Angeles International Airport and had their passports confiscated because of what Van Bryan tweeted a week before traveling to the US. Read more...
LawInfo Weblog, Feb 1, 5:53pm
Pfizer Recalls Birth Control Pills
Pfizer Inc. recalled 1 million packets of birth control pills after it discovered a packaging error that increases the chance that women will take an insufficient dose of the drug, which would in turn increase the chance of pregnancy, according to an article on Yahoo News. Read more...
LawInfo Weblog, Feb 1, 11:59am
Mondrian’s “Composition” Causes Quite a Stir in Art World
Contract to Sell Mondrian Painting Never Materialized Read more...
LawInfo Weblog, Feb 1, 11:57am
Recently Recalled Consumer Goods
The following consumer goods have been recalled recently. Please click on the links below for additional information. As a general measure, consumers should stop using any items subject to a recall, and contact either the store of purchase or the manufacturer for instructions regarding how to return or exchange the product. Read more...
LawInfo Weblog, Feb 1, 11:56am
California Police Officer Shot And Killed By Fellow Officers
A Santa Maria, California Police officer was shot and killed after fellow officers attempted to arrest him amidst allegations of sexual misconduct with a teenage girl, according to an article on ABC.com. Read more...
LawInfo Weblog, Jan 31, 12:45pm
Practice Area Spotlight: Medical Malpractice
Medical Malpractice arises in a situation in which negligence has been committed by a professional health care provider, where their performance of duties deviates from a standard of practice as compared with those with similar training and experience in the field, resulting in harm to a patient or patients. Read more...
LawInfo Weblog, Jan 31, 12:29pm
Doctor’s Online Diagnosis Leads to Malpractice Lawsuit
Irma Sales Scholz and her husband Michael Scholz, recently filed suit against her doctor and Kaiser Permanente and its related entities, for prescribing her a medication that is known to be incredibly dangerous and potentially harmful when taken by people with her (Asian) heritage. Read more...
LawInfo Weblog, Jan 31, 12:21pm
Photosensitivity Following Traumatic Brain Injury
I recently read an article on the International Brain Injury Association’s website by Neera Kapoor, OD, MS entitled, Photosensitivity Following Traumatic Brain Injury. The article discusses sensory disorders, including anomalies of vision, audition and olfaction, commonly associated with those who have sustained a traumatic brain injury. Read more...
Brain Injury Lawyer, Jan 31, 7:59am
A&P v Stop & Shop re "Save More Every Time You Shop""
Defendant supermarket' ran two ads titled "Save More Every Time You Shop", one with a subtitle "Eileen Saved 9% at Stop & Shop" and one with a subtitle "Diane Saved 19% at Stop & Shop." The ad indicates that on two specifed days, the same items purchased at the A&P were correspondingly less at the Stop & Shop. Among other issues, plaintiff alleges that the claim is false as a one-time price check doesn't justify the claim that Stop & Shop's prices are lower every time. Furthermore, for the two days cited in the ads, no customer records could be found matching the amounts of the purchase orders claimed in the ads (para. 24). Read more...
The Trademark Blog, Jan 30, 9:16pm
Violent Occupy Oakland Demonstrations and Attempted Take Over Result in 400 Arrests
Occupy Oakland Attacks City, Embraces Violent Tactics Read more...
LawInfo Weblog, Jan 30, 1:32pm
“Anonymous” Bloggers Losing Cover in Australia
Anonymous Cowboys Run Rampant on the Internet Read more...
LawInfo Weblog, Jan 30, 11:54am
"Avoiding The Wrath of Righthaven"
Las Vegas Trademark Attorney: "Avoiding The Wrath of Righthaven": Read more...
The Trademark Blog, Jan 28, 9:17pm
Brain Injury Alliance of New Jersey Receives Donation from Kessler Institute of Rehabilitation
Congratulations to The Brain Injury Alliance of New Jersey who recently received over $8,000 in donations from the Kessler Institute of Rehabilitation’s Triumph of the Human Spirits awards dinner. Read more...
Brain Injury Lawyer, Jan 27, 8:36am
Brain Injury Alliance of New Jersey Recieves Donation from Kessler Institute of Rehabilitation
Congratulations to The Brain Injury Alliance of New Jersey who recently received over $8,000 in donations from the Kessler Institute of Rehabilitation’s Triumph of the Human Spirits awards dinner. Read more...
Brain Injury Lawyer, Jan 27, 8:36am
Landmark Fourth Amendment U.S. Supreme Court Case: U.S. v. Jones (2012)
United States v. Jones, Decided Jan 23, 2012 U.S. v. Jones, 565 U.S. (2012), published this week, decided whether the use of a Global Positioning System, or GPS, device on a car, amounts to a “search” of the vehicle, when the device is used to track the vehicle’s movements on public streets. [...] Read more...
LawInfo Weblog, Jan 26, 11:41am
Google Search Changes Could Threaten Privacy
If you are a member of the social networking site, facebook, then you are probably all too familiar with the privacy concerns that have been posited about the site, almost since its inception. These concerns deal not only with the site’s privacy policy, but also with the way that the site collects data and information [...] Read more...
LawInfo Weblog, Jan 26, 11:34am
Drug Dealers Text a Cop by Accident and Get Arrested
Well, I have been a victim of texting the wrong number, but this takes the cake. Not only do the drug dealers text a wrong number, but that number is a cop’s cell phone? Brilliant! Last Friday Lorraine Apuzzo sent a text to a police officer in Meriden, Connecticut offering to sell him 200 Percocet [...] Read more...
LawInfo Weblog, Jan 26, 11:27am
Oldest Living Federal Judge, Wesley E. Brown, Dies at 104
U.S. District Judge Wesley E. Brown, the oldest sitting federal judge in the country, died Monday night, according to the Associated Press. Brown was appointed by President John F. Kennedy in 1962, and was the longest serving judge on that court. Federal judges, of course, serve under Article III of the U.S. Constitution, and once appointed [...] Read more...
LawInfo Weblog, Jan 25, 1:24pm
Recent Food & Medical Device Recalls
Recent Recalls The following products have recently been recalled. The products are categorized by reason for recall. While meant to be as informative as possible, please remember that this list is not exhaustive. If you suspect an item you have has been recalled, you can contact the manufacturer or store where you purchased the item [...] Read more...
LawInfo Weblog, Jan 25, 1:24pm
Los Angeles Arsonist Faces 100 Counts
The man accused of going on one of the most extensive arson sprees in Los Angeles history plead not guilty during an arraignment hearing Tuesday, according to an article on Cnn.com. Prosecutors added 63 additional counts of arson to bring the total number of felony charges against Harry Burkhart, a German national, to 100. All [...] Read more...
LawInfo Weblog, Jan 25, 1:21pm
$25 Million Dollar Award for Wrongful Conviction
Can you imagine being convicted of a crime you did not commit? I can’t, well I guess I can but it is not a good thought. Unfortunately, it happens and probably more than we would like to think. Thaddeus Jimenez, known as T.J. was just 13 years old when he was arrested and convicted of [...] Read more...
LawInfo Weblog, Jan 25, 1:16pm
Will ‘Black Boxes’ Be Mandatory in New Cars?
Written By: Cynthia Hsu, Esq.
A FindLaw Blog post Read more...
LawInfo Weblog, Jan 25, 12:03pm
Washington State Has Votes To Pass Gay Marriage
Washington state is inching ever so close to becoming the nations 7th state to officially legalize same-sex marriage. This is after a sponsor of the gay marriage bill reported Monday that the bill now has the votes needed to pass in the state legislature, according to an article on Yahoo News. Senator Ed Murray, a [...] Read more...
LawInfo Weblog, Jan 25, 11:39am
Macy’s Sues Martha Stewart
Martha Stewart is back in the news again. Fortunately this time she is not involved in a criminal case. Instead, Macy’s Inc has brought a civil lawsuit against Stewart and her company Martha Stewart Living Omnimedia Inc (MSLO), for breach of contract after Stewart’s company allegedly entered into an agreement to sell product’s at store’s [...] Read more...
LawInfo Weblog, Jan 25, 11:37am
OSHA Offers Free Consults to Small Businesses
Written By: Stephanie Rabiner, Esq.
A FindLaw Blog post Read more...
LawInfo Weblog, Jan 25, 9:03am
My Paxil Made me Rob a Bank
Written By: Cynthia Hsu, Esq.
A FindLaw Blog post Read more...
LawInfo Weblog, Jan 25, 8:07am
Job Discrimination Complaints Hit All-Time High
Written By: Andrew Chow, JD
A FindLaw Blog post Read more...
LawInfo Weblog, Jan 25, 8:03am
Supreme Court Strikes California Slaughterhouse Law
The United States Supreme Court ruled Monday that the California legislature overstepped its constitutional bounds when it enacted a law that changed slaughterhouse procedure regarding how to euthanize pigs, cows, and goats who are unable to walk into the slaughterhouse chute, according to thompsonreuters.com. The issue in the case was not the actual content of [...] Read more...
LawInfo Weblog, Jan 24, 11:51am
Practice Area Spotlight: Insurance Law
Insurance Law Generally Since my other post details some potential issues that can arise with an insurance policy, I thought I would take another post to explain more about Insurance Law in this week’s practice area spotlight. Something about law school makes you incredibly risk averse. Perhaps it’s because you read cases about the worst [...] Read more...
LawInfo Weblog, Jan 24, 11:41am
Should Insurance Company Pay to Cover Damage Caused by Hoarding?
Homeowner Sues to Recover Damages Caused by Hoarding Tenant A man in Illinois is suing to recover the amount necessary to remedy his home from the damage it incurred as a result of his relative who lived there while hoarding and neglecting the property. The opposing party, however, is not who or what you might [...] Read more...
LawInfo Weblog, Jan 24, 11:41am
Sweet 16 Ends In Gunfire
Parents often throw the obligatory Sweet 16 Party for their daughters. This is somewhat of an American tradition where the daughter, if she’s lucky, receives the gift of a new car as she is finally eligible for a driver’s license. Parents are generally apprehensive because they are worried that their little girl now has the [...] Read more...
LawInfo Weblog, Jan 24, 11:31am
Athletic Trainers' Society of New Jersey Release Report Stating High Schools' Lack of Compliance with New Jersey Concussion Law
The Athletic Trainers’ Society of New Jersey (ATSNJ) released a Concussion Policy Survey which states that although New Jersey has implemented the Concussion Law, some schools are delaying in their compliance with the new regulations. The survey examined 110 high school athletic trainers throughout the state of New Jersey and states that while most districts have a board approved policy, others do not and those without blame the Law stating that it is difficult to interpret certain provisions. Read more...
Brain Injury Lawyer, Jan 24, 7:57am
New 2012 Drunk Driving Laws
States are constantly looking for the best way to minimize drunk driving related deaths. In order to do that these states frequently tweak their respective DUI/DWI laws in order to deter drunk driving. As of January 1, 2012 several changes to the pre-existing drunk driving laws have gone into effect throughout the United States. For [...] Read more...
LawInfo Weblog, Jan 23, 11:43am
Current Legal Event: Salmonella Prevention Trumps Raw Almond Farmers’ Arguments Regarding Definition of “Quality”
Raw Almond Farmers Argue FDA Sole Arbiter of Food Safety Regulations Farmers of ”raw” almonds filed suit in 2007 after the USDA attempted to require that any almonds be treated either by chemical or pastuerization in order to reduce the chances of contamination with Salmonella. Salmonella outbreaks in 2001 and 2004 were largely blamed on [...] Read more...
LawInfo Weblog, Jan 23, 11:40am
Is a Captain Legally Obligated to Stay Aboard His Ship After a Crash?
Is a Captain Legally Obligated to Stay Aboard His Ship After a Crash? That is the question many have been asking after the news that the Italian cruise liner Costa Concordia ran aground off the Isola del Giglio earlier this month. According to various sources, the captain of the ship, Francesco Schettino, abandoned the ship well before [...] Read more...
LawInfo Weblog, Jan 23, 11:36am