In Re Online DVD-Rental Antitrust Litig.
In order to establish that an online DVD-rental service has engaged in a merger that violates the Sherman Act, an antitrust injury-in-fact must be demonstrated.
Area(s) of Law:- Corporations
In re Online DVD Rental Antitrust Litigation
Certification of a settlement class under Fed. R. Civ. P. 23(a) and (b) may be proper even when class representatives receive incentive awards; a claimant fund sharing approach may be proper even when few class member actually filed claims; and, award of attorneys’ fees under the Class Action Fairness Act provisions governing “coupon settlements” generally do not apply to settlements to be paid in gift cards.
Area(s) of Law:- Civil Procedure
Khudaverdyan v. Holder
A finding of political persecution that would qualify the seeker for asylum may be supported by a demonstration of imputed political opinion.
Area(s) of Law:- Immigration
Nigro V. Sears, Roebuck and Co.
A plaintiff in a disability discrimination case need not provide an extraordinary amount of evidence to survive summary judgment at the district court level.
Area(s) of Law:- Disability Law
Harrington v. EquiTrust Life Ins. Co.
A seller has no duty to disclose internal pricing policies or the method for valuing what it sells absent a fiduciary or statutory duty; if a court, rightly within its discretion, chooses to deny awards to a prevailing party, then it must explain its reasoning.
Area(s) of Law:- Civil Law
Martinez-Hernandez v. Holder
Counsel is not ineffective where a petitioner fails to make the necessary threshold showing that his claim for cancellation, in an immigration appeal, was plausible.
Area(s) of Law:- Immigration
Fifty-Six Hope Road Music v. A.V.E.L.A.
The “likelihood of confusion” inquiry for a Lanham Act false endorsement claim includes the consideration of eight factors: (1) the level of recognition that the celebrity has among the segment of the society for whom the defendant’s product is intended; (2) the relatedness of the fame or success of the celebrity to the defendant’s product; (3) the similarity of the likeness used by the defendant to the actual celebrity; (4) evidence of actual confusion; (5) marketing channels used; (6) likely degree of purchaser care; (7) defendant’s intent on selecting the celebrity; and, (8) likelihood of expansion of the product lines; when the plaintiff is not the celebrity himself, the additional factor of the strength of association between the mark and the plaintiff is also considered.
Area(s) of Law:- Trademarks
Zavalin v. Colvin
An Administrative Law Judge must reconcile any discrepancies between a disability insurance applicant's functional capacity and testimony by a vocational expert.
Area(s) of Law:- Disability Law
Kohler v. Bed Bath & Beyond
It is not required under the Americans with Disabilities Act that there be wall space within the maneuvering clearance next to the frame of a restroom door that must be pulled open, unless it is equipped with a “latch.”
Area(s) of Law:- Disability Law
Davis v. U.S. Bank, N.A.
Portions of discharged debt in bankruptcy proceedings remain a part of “aggregate debt” and include both the secured and unsecured portions of a creditor’s claims against a debtor, whether enforceable against the debtor or the debtor’s property.
Area(s) of Law:- Bankruptcy Law
Hernandez-Gonzalez v. Holder
A conviction for weapons possession with a gang enhancement under California law does not constitute a crime involving moral turpitude per se; rather, such a “determination must be based on the underlying crime of conviction to which the enhancement is attached at sentencing.”
Area(s) of Law:- Immigration
Corbello v. Valli
An implied license, which may be effective regardless of a reversionary clause in a contractual agreement, may be inferred from the objective intent of the licensor, as well as those others involved, at the time of the creation and delivery of the work.
Area(s) of Law:- Copyright
Sharkey v. O'Neal
California's three-year statute of limitations, found in Section 11135 of the California Government Code, applies to Title II claims.
Area(s) of Law:- Disability Law
St. Alphonsus Med. Ctr. v. St. Luke’s Health Sys.
An efficiencies defense, that clearly demonstrates that the proposed merger enhances competition because of the increased efficiencies, can successfully rebut a prima facie case for a Clayton Act § 7 violation.
Area(s) of Law:- Corporations
United States v. Burgos-Ortega
A criminal conviction under an overbroad state statute will still qualify as a sentencing enhancement under federal sentencing law if there is no realistic probability that an individual could be prosecuted under the overbroad portion of the state statute.
Area(s) of Law:- Criminal Law