Faruki Blog

Actual Malice Toward "Actual Malice"? Why One Supreme Court Justice Wants to Roll Back a Half-Century of First Amendment Jurisprudence.

Justice Clarence Thomas stunned court watchers last week when he went out of his way to urge his fellow jurists to reconsider New York Times v... Read More

Seventh Circuit Invokes Carpenter v. United States to Reject Third-Party Doctrine Argument

A recent Seventh Circuit case will provide privacy enthusiasts optimism for how well our courts evolve traditional legal principles to address the.. Read More

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

The Supreme Court Agrees to Consider Whether the First Amendment Protects Offensive Trademarks, Again

The Supreme Court recently granted certiorari (in Iancu v. Brunetti) to decide whether the statutory prohibition on federal registration of a.. Read More

That's Confidential: Supreme Court to Consider FOIA Exemption for Confidential Business Information

The U.S. Supreme Court recently agreed to hear a case that could significantly affect access to business information provided to the federal.. Read More

Justice Brett Kavanaugh Authors First Opinion and Promotes Arbitration; SCOTUS's Decision on Class Arbitration Is Forthcoming

Justice Brett Kavanaugh, in his first opinion on the Supreme Court of the United States, further solidified the Court's strong preference for.. Read More

Suing the Named Executor Too Quickly

An Ohio appellate court case shows the importance of fully investigating a named executor's alleged misdoing before deciding to file a lawsuit. In .. Read More

Cy Pres Settlements of Class Actions; SCOTUS Entertains a Witch's Cauldron of Rule 23 Quandaries on Halloween: Frank v. Gaos

All Hallow's Eve proved a fitting date for oral argument in the Supreme Court of the United States in Frank v. Gaos, (S. Ct. No. 17-961), a case.. Read More

Sixth Circuit Rejects Challenge to Mandatory Arbitration of FLSA Claim

In keeping with the Supreme Court's holding in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), the Sixth Circuit has rejected a challenge to.. 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
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