Faruki Blog

About Melinda Burton

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UPDATE: Will the Court Dismiss the False and Deceptive Advertising Class Action Lawsuit Filed Against Rachel Ray's Pet Food Company?

In my previous blog "Does a Herbicide Make Rachael Ray's Nutrish Dog Food Not 'Nutrish'? One Pet Owner Thinks So," I noted that the court in Parks v... Read More

Not Everything is Settled in the Allen v. Dairy Farmers of America Antitrust Class Action – The Fight Over Allocating Fees to Class Counsel

For those of us practicing antitrust law in the Sixth Circuit, we are familiar with the case In re: Southeastern Milk Antitrust Litigation, 739 F.3d.. Read More

The Ohio Consumer Sales Practices Act: What is it, Does it Apply to Me, and if it Does, What do I Stand to Lose?

The Ohio Consumer Sales Practices Act ("OCSPA" or the "Act") (Ohio Rev. Code § 1345.01 et seq.) is a set of laws that aim to protect consumers from.. Read More

A Second Swipe of the Settlement Card: Approval Pending in the In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

A little more than two years after the Second Circuit Court of Appeals vacated a class-wide settlement because the class plaintiffs were.. Read More

Surprising or Not: Noerr-Pennington Doctrine Protects Novartis from Two Class Action Antitrust Lawsuits

A defendant accused of violating the antitrust laws has a powerful, well-established defense, if it can prove it, of immunity based on the Noerr-.. Read More

Does a Herbicide Make Rachel Ray's Nutrish Dog Food Not "Nutrish"? One Pet Owner Thinks So.

On August 1, 2018, a pet owner in Bronx County, New York filed a nationwide Class Action Complaint against Rachel Ray Nutrish (via Ainsworth Pet.. Read More

UPDATE: 1-800 Contacts' Reply Brief and Oral Argument Scheduled in the FTC's Antitrust Case Against 1-800 Contacts

In this latest update on the FTC's case against 1-800 Contacts, I can report that on February 27, 2018, 1-800 Contacts filed a Reply Brief on Appeal.. Read More

Lucarell v. Nationwide – A Case All Commercial and Contract Lawyers Should Read

The Supreme Court of Ohio reaffirms and clarifies law in Ohio on breach of contract, implied duty of good faith, punitive damages, releases of.. Read More