In 1993, the U.S. Supreme Court established the standard for determining the admissibility of expert testimony in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579. That decision immediately gave rise to a pressing question: How is Daubert pronounced? With a French pronunciation, i.e. “dough bear,” or a more American pronunciation, i.e., “dow (rhymes with cow) burt”
State Seeks to Derail NCAA NIL Settlement
The State of South Dakota has unleashed a two-pronged attack attempting to undo, or at least modify, the NCAA’s settlement of antitrust claims regarding its name, image, and likeness rules. In September, shortly after the $2.78 billion settlement was announced, South Dakota sued the NCAA on behalf of the
With the rise in remote work, not to mention better technology, many employers have begun using apps and other services to monitor employees’ activities to track, assess, and evaluate workers. The Consumer Financial Protection Bureau (CFPB) recently issued a Circular stating that employers’ use of the reports generated by those apps and services may be
By now, you have probably heard about the Federal Trade Commission’s new “click to cancel” rule, which requires sellers to provide a simple mechanism to cancel a negative-option feature (essentially any recurring or automatically renewing subscription). If you haven’t, you can check out our previous post here. But “click to cancel” is just one facet
On Oct. 16, the Federal Trade Commission announced its final “click to cancel” rule. The rule is part of the FTC’s broader “Rule Concerning Subscriptions and Other Negative Options.” Notably, the click-to-cancel provision is not as straightforward as its moniker suggests. Here are four questions delving deeper into that portion of the rule. We will follow
Sixth Circuit Affirms: AAA Rules Require Disputes Over Arbitrability Be Decided in Arbitration
Parties that have agreed to arbitrate certain disputes often disagree about whether a particular claim falls within their agreement to arbitrate, and also about who should make that threshold determination: a court or an arbitrator. The well-established rule is that a court
In August, Disney found itself in a public-relations firestorm. Facing a wrongful-death lawsuit after a customer suffered an allergic reaction at a Disney World restaurant, the company had attempted to use the arbitration clause in the Disney+ terms of service to force the suit out of court and into arbitration, and the public reacted negatively.
Sixth Circuit Affirms Dismissal of Claims Against Bob Baffert and Churchill Downs
Two weeks ago, Mystik Dan won the Kentucky Derby by a nose over Sierra Leone and Forever Young. If you didn’t watch the race and haven’t seen the finishing photo, you should check it out here and here.
The 2021 Kentucky Derby also
On this Cyber-Monday, we would like to address one of the hottest technology topics of the past year: artificial intelligence. Some have speculated that AI may help boost low response rates to settlement notices. But there are also concerns that AI could make it easier to file fake class-action suits.
For Halloween, rather than discuss any of the various litigation over candy (e.g., the litigation over Skittles or “slack fill” in packages), we are going to travel back to 1984 to look at what a mishap with a sheep costume says about how consumer expectations can affect liability from Ferlito v. Johnson &
