U.S. Circuit Judge Jennifer Sung made the comment December 6 during oral argument in the Federal Trade Commission’s ongoing effort to block Microsoft’s $69 billion purchase of Activision Blizzard, the biggest U.S. maker of video games. (Hat tip to Josh Sisco at Politico Pro.) The FTC claimed that the merger threatened to substantially reduce competition
Qui Tam-Like Claim Eludes Arbitration Act Oblivion — For Now
Concepcion in question
Last week, the Ninth Circuit found a way around the U.S. Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011). The panel held, 2-1, that a qui tam-like claim differs enough from a state-law class action claim to take it beyond Concepcion‘s preemptive reach.
The ruling means, in the Ninth Circuit, that Concepcion will not allow defendants to use arbitration clauses to defeat claims that private plaintiffs bring on behalf of the state and that defendants may therefore face individual cases, in court or arbitration, that put far more than the individuals’ claims at stake.
Continue Reading Qui Tam-Like Claim Eludes Arbitration Act Oblivion — For Now
Browsewrap Leaves Contract Gap, Ninth Circuit Rules; Arbitration? Ha!
A way out of arbitration?
A new Ninth Circuit decision points to a possible way to avoid arbitration clauses in the take-it-or-leave-it "adhesion" contracts that electronic retailers post on their websites.
Online vendors want you to accept their terms of service. That way, you will bind yourself to a form contract that mainly favors the
Juice Case Gets Boost in Supreme Court
If you need to sue somebody for stealing your customers with false advertising, don't worry about a conflict between two federal statutes — the Food, Drug, and Cosmetic Act and the Lanham Act. No conflict exists, the Supreme Court held today.
To understand why, let us tell you . . .
. . . a
Non-U.S. Claimants Get Boost from Antitrust Ruling
Foreign firms lose billions
Every year, non-U.S. firms overpay billions and billions of dollars for goods and services as a result of price-fixing, collusive market-splitting, and other restraints of trade. But many of the firms can get no relief in a U.S. court.
The reason? A U.S. statute — the Foreign Trade Antitrust Improvements Act (FTAIA) – generally exempts from
Long Delay in Bringing Case Does Not Bar Copyright Claim, Supreme Court Decides
Copyrights endure
If you own a copyright — in a cat video, say — and someone rips it off — perhaps by posting it on his Kraaasy Kaaats website and claiming it as his own — how long can you and your heirs wait to sue for damages?
Under a new Supreme Court ruling, you
Susman Godfrey Associate Wins Antitrust Appeal
A Chance to Shine
How often do fourth-year associates get an opportunity to argue before a U.S. court of appeals?
That sort of thing occurs a lot at the place where Blawgletter has worked since 1985.
It happened most recently to Amanda Bonn, an associate in Susman Godfrey's Los Angeles office. Let us tell you the story.
Constitution Bars Striking of Potential Juror for Sexual Orientation, Ninth Circuit Holds
In Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court ruled that a party may not use a "peremptory strike" to prevent a member of a jury venire from serving on a criminal jury due to his or her race. The constitutional right to "equal protection" of the laws forbids such discrimination, the
Shape of Useful Object Does Not Make It Copyrightable, Ninth Circuit Holds
Inhale, Inc., got a copyright certificate from the U.S. Copyright Office for a hookah that featured a skull-and-crossbones design.
A month later, Inhale sued Starbuzz Tobacco for infringing the copyright.
But Starbuzz's hookah didn't include the osseous symbol that appears often on pirates' Jolly Rogers.
The lack of bony stuff didn't matter, Inhale puffed, due to the
Courts Split on Arbitration of Claims Against Lawyers
May a lawyer compel a client to arbitrate a dispute over the lawyer's services?
In upper right-hand corner of the United States, yes. Bezio v. Draeger, No. 13-1910 (1st Cir. Dec. 16, 2013) (applying Maine law).
In the upper left-hand corner, no. Smith v. JEM Group, Inc., No. 11-35964 (9th Cir. Dec. 12