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Case of the Day: Rosales v. FitFlop USA, LLC
The case of the day is Rosales v. FitFlopUSA, LLC (S.D. Cal. 2013). Rosales, who had bought FitFlop footware, sued the company, alleging that FitFlop had represented “that its products will provide wearers with a variety of health benefits, but in reality FitFlop Footware does not provide the promised benefits and may actually cause or……
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Case of the Day: Orsi v. Falah
The case of the day is Orsi v. Falah (D. Mass. 2012). As the judge summarized the claims, Orsi alleged that in 2003, he “encountered Al-Nahyan in the lounge of La Reserve hotel in Geneva, Switzerland.” Orsi alleged he “refused certain social invitations and sexual advances” from Al-Nahayan, and that Al-Nayan then “assaulted Orsi, whipped……
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Martyniszyn on Transnational Discovery in Antitrust Cases
I wanted to call attention to an interesting new paper by Marek Martyniszyn, a Senior Research Fellow in the Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law and a friend of Letters Blogatory, titled Discovery and Evidence in Transnational Antitrust Cases: Current Framework and the Way Forward, available on SSRN. Here……
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Case of the Day: Brey Corp. v. LQ Management
The case of the day is Brey Corp. v. LQ Management, LLC (D. Md. 2012). Brey, a Maryland corporation, brought a putative class action against LQ, a Texas corporation, for violation of the Telephone Consumer Protection Act. The TCPA prohibits the use of fax machines to send unsolicited advertisements. Brey claimed that it had received……
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Case of the Day: Sanchez v. Metro Builders Corp.
The case of the day is Sanchez v. Metro Builders Corp. (N.Y. Sup. Ct. 2012). Juan Sanchez was injured when working on a construction site in Poughkeepsie, New York. He testified that he had no memory of the circumstances of the accident. His uncle, Franklin Lituma, was an eyewitness to the accident and his testimony……