The Ninth Circuit will decide whether Great Lakes Reinsurance must defend clothing company, In and Out, against a trademark infringement suit by Forever 21. The dispute focuses on exclusionary language in the general liability policy issued by Great Lakes to In and Out, which broadly bars coverage for claims stemming from violations of intellectual property rights, but which also excepts from the exclusion claims for copyright, trade dress and slogan infringement occurring in the company's advertisements. … Continue Reading
San Francisco is the latest jurisdiction to pass a law that prohibits employers from inquiring about prior salary history during hiring. New York City, Boston, Philadelphia, Pittsburgh and New Orleans already have similar laws, and in a concerning trend for employers, 26 states are currently considering such legislation. The San Francisco city ordinance went into effect … Continue Reading
More and more website accessibility cases are being threatened and filed every day. Most, not unexpectedly, settle. Winn-Dixie v. Juan Carlos Gil did not, and what happened next is worth a closer look.… Continue Reading
On June 13, 2017, Judge Andrea R. Wood of the Northern District of Illinois dismissed with prejudice a putative consumer class action filed against Barnes and Noble. The case was first filed after Barnes and Noble’s September 2012 announcement that skimmers had tampered with PIN pad terminals in 63 of its stores and exposed payment card information.… Continue Reading
On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.… Continue Reading
On January 22, 2017, the City of Los Angeles will ‘ban the box’ when the Los Angeles Fair Chance Initiative for Hiring goes into effect, prohibiting private employers in Los Angeles “from inquiring into or seeking a job applicant’s criminal history unless and until a conditional offer of employment” is made to the individual.… Continue Reading
On January 3, 2017, a Ninth Circuit panel weighed in on a growing split among circuits over Rule 23’s ascertainability requirement – in particular, the extent to which a plaintiff must prove there is an “administratively feasible” means of identifying class members. … Continue Reading
The American Tort Reform Association recently released the 2016–2017 edition of its “Judicial Hellholes” report. This annual report identifies venues it deems least favorable for civil defendants based on recent decisions and verdicts, as well as state laws and policies.… Continue Reading
A review of the parties’ briefing on Bristol-Myers’s petition for a writ of certiorari in Bristol-Myers Squibb v. Superior Court highlights significant questions for companies in the retail industry should the U.S. Supreme Court deny the petition and thereby allow the decision to stand as controlling law in California. … Continue Reading
This past week, several consumer protection actions made headlines that affect the retail industry. Continue reading for our weekly roundup.… Continue Reading
On December 8, 2016, four major retailers were accused of unfair competition and false advertising under California law. According to the complaints, each retailer misrepresented the regular retail price of thousands of goods in an effort to make consumers believe the items are available at steeper discounts than actually being offered.… Continue Reading
This past week, several consumer and self-regulatory actions made headlines that affect the retail industry. Continue reading for our weekly roundup. … Continue Reading
This past week, several regulatory, self-regulatory and consumer actions made headlines that affect the retail industry. Continue reading for our weekly roundup. … Continue Reading
The first blow to the recent expansive application of the New Jersey TCCWNA was struck by a federal court in California last month. In Candelario v. Rip Curl, Inc., the Central District of California granted a motion to dismiss a complaint alleging a TCCWNA violation of website terms and conditions because the plaintiff lacked Article III standing. … Continue Reading
