Faruki Blog

When Confronted with a Hearsay Analysis, Do Not Turn to the Hearsay Exceptions First

In an age where cases settle far more often than cases go to trial, it is important for litigators to keep their knowledge regarding evidentiary.. Read More

Apple’s Other iPhone Litigation Addresses Consumers ’ Right to Seek Damages for the Collection of Information about How They Use Their Smartphones

Apple Inc. (“Apple”) made headlines most recently for its $1.05 billion victory over Samsung in patent litigation in the U.S. District Court for the.. Read More

Court Rejects Preliminary Approval of Facebook Settlement – Is There a way to Navigate Mega-Sized Class Actions?

You may have heard that Facebook announced the settlement of a 70+ million member class action. The lawsuit alleged that Facebook acted inconsistent.. Read More

Incentive Payments and Adequacy Challenges -- Promises of Incentive Payments Can Create Conflicts of Interest Issues and Defeat Class Certification

When promises of incentive payments are made by class counsel (outside of the settlement context where the parties reach an agreement to make such a.. Read More

Federal Court Rejects the "Prior Substantiation Doctrine" in Consumer Class Action, Requiring Affirmative Proof of False Advertising

As seen in the decision in Scheuerman v. Nestlé Healthcare Nutrition, Inc. 2012 U.S. Dist. LEXIS 99397 (D.N.J. July 17, 2012), courts are.. Read More

Sciele Pharma: Making Old Art More Valuable in Patent Cases

In Sciele Pharma Inc. v. Andrx Corp., the Federal Circuit added some needed clarity to the concept of the "presumption of validity" in patent law,.. Read More

Supreme Court Update: When the Smart Money Is Split Between the Favorites, Bet on the Long Shot

That bit of horse-racing wisdom expressed on the TV show M*A*S*H (ironically, by the pious chaplain, Father Mulcahy) should have been heeded by the.. Read More

How Rigorous is Rigorous? The Supreme Court of Ohio Accepts Review of a Class Certification Decision That May Finally Clarify the Requisite "Rigorous Analysis" of Rule 23 in Class Action Lawsuits

On June 20, 2012, the Supreme Court of Ohio accepted an appeal from the Eighth District Court of Appeals (Cuyahoga County), which affirmed class.. Read More

The FTC’s Recent Settlement with Myspace Shows that the FTC Will Continue to Hold Online Social Networking Companies to the Promises in their Privacy Policies

The FTC’s recent settlement with Myspace continues the FTC’s enforcement policy of holding online social networking companies to the promises in.. Read More

The Ohio Supreme Court Breaks with Other States and Limits the Reach of Successor Companies Seeking To Enforce Their Predecessors' Non-compete Agreements

Companies routinely require employees to sign non-compete agreements as a condition of employment. A non-compete agreement, also called a covenant.. Read More
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