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Triathlete's Signed Liability Waiver Dispositive in Wrongful Death Action
  • Proskauer Rose LLP
  • USA
  • December 21 2016

The full Pennsylvania Superior Court has halted an effort to hold Philadelphia Triathlon, LLC (the "Triathlon") liable for a competitor's death in the


Ohio State University Seeing Scarlet in Trademark Suit against Online Marketplace
  • Proskauer Rose LLP
  • USA
  • December 21 2016

Ohio State University ("Ohio State," "University," or "OSU") recently threw the proverbial yellow flag and filed a complaint in the Ohio federal


New York Court Rules Rule 67 Deposit Cannot be Used to Pick Off Named Plaintiffs in Putative Diet Pill Class
  • Proskauer Rose LLP
  • USA
  • March 10 2016

Recently, a New York court held that a putative class action Defendant’s depositing of funds sufficient to cover the full amount of a plaintiff’s


Update on Second Circuit Ruling in Church & Dwight v. SPD Swiss Precision Diagnostics “Weeks Estimator” Home Pregnancy Test Litigation
  • Proskauer Rose LLP
  • USA
  • December 15 2016

Last month we summarized the Second Circuit’s important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor


When the Strength of the Facts Cannot be Lifted - SDNY Dismisses Muscle Maker Slack-Fill Class Action
  • Proskauer Rose LLP
  • USA
  • January 3 2017

The Southern District of New York recently dismissed a putative class action against Cytosport, the maker of Muscle Milk protein powder. The


Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says
  • Proskauer Rose LLP
  • USA
  • October 28 2016

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to


Limited damages available under DMCA 512(f) for wrongful takedown notice
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled


Procera AVH marketers can forget about claiming to reverse memory loss
  • Proskauer Rose LLP
  • USA
  • July 30 2015

It turns out that there is not a magic pill capable of reversing the effects of aging on the human brain, including memory loss, or at least not one


A New Normal? Challenges to Market Definition Find a Foothold at 12(b)(6) Stage
  • Proskauer Rose LLP
  • USA
  • April 5 2016

Recent federal court opinions dismissing cases under Rule 12(b)(6) may provide an early off-ramp for antitrust defendants where a roadblock has often


California Court to PGA Tour Caddies: You'll Get Nothing and Like It!
  • Proskauer Rose LLP
  • USA
  • March 31 2016

As the full swing of the PGA season rounds the corner, and with the azaleas blooming at Augusta, the trusted confidants of golf's premier players