Faruki Blog

What Is a Reasonable Expectation of Privacy? Part Deux. The Supreme Court Reconsiders the Katz Standard.

This time last year, I questioned what is a reasonable expectation of privacy today? In that blog, I discussed one of the seminal cases in privacy.. Read More

Did SCOTUS Recently Hint at How It Will Consider Personal Jurisdiction Issues in Internet Defamation Cases?

Two recent, and seemingly innocuous decisions, from the U.S. Supreme Court regarding personal jurisdiction issues are instructive and should not be.. Read More

An Octane Boost for Attorneys Fees Awards in Patent Cases

The "exceptional" patent case just became more common. On April 29, in Octane Fitness v. Icon Health & Fitness, No. 12-1184, and Highmark v. Allcare.. Read More

Supreme Court of the United States Establishes New Standard for Standing in False Advertising Cases under the Lanham Act

Must a plaintiff be an actual competitor of the defendant to maintain a false advertising claim under the Lanham Act? The Supreme Court of the United.. Read More

Issues of Nexus in Light of Recent Supreme Court Certiorari Denials

The rise of Internet commerce has brought with it inconsistent laws and court decisions across states as to whether retailers that have no physical.. Read More

Marvel Team-Up? How Spider-Man Could Help the Supreme Court Defeat the Case That Wouldn't Die

If the Supreme Court decides to grant certiorari in Kimble v. Marvel Enterprises, 727 F.3d 856 (9th Cir. 2013), to get rid of the.. Read More

Changing Landscape of Product Liability Class Actions: Did Comcast Eviscerate Product Liability Class Actions? Or, Do Whirlpool And Sears Signal Significant Changes Ahead?

The landscape of product liability class actions has changed significantly in recent years, generally favoring defending companies. Recent decisions.. Read More

SCOTUS Considers Whether "Parens Patriae" Actions are "Mass Actions" under CAFA

Less than a year after issuing its first ruling interpreting the Class Action Fairness Act ("CAFA"), the Supreme Court heard oral argument last week.. Read More

Ohio Supreme Court Rules that Ohio Courts "Must Conduct a Rigorous Analysis" When Evaluating Whether to Certify a Class

Recall that last June I told you that the Supreme Court of Ohio agreed to consider State Farm's discretionary appeal of the Eighth District Court of.. Read More

Merits Inquiry and Rigorous Analysis: Ohio Supreme Court Clarifies When Merit Inquiry at the Class Certification Stage is a Proper Part of the Rigorous Analysis

On Tuesday, July 16, 2013, the Ohio Supreme Court held that trial courts must "conduct a rigorous analysis, which may include probing the merits of.. Read More
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