False Advertising

Katherine Heigl

* A three-judge panel of the Tenth Circuit seemed a bit torn as to the constitutionality of Utah’s same-sex marriage ban during oral arguments yesterday. This one could be a contender to go all the way to the Supremes. [New York Times]

* Another concussion lawsuit has been filed against the National Hockey League by a group of former players, this time alleging a culture of “extreme violence.” The pleadings are a bit… odd. We’ll have more on this later today. [Bloomberg]

* “We’re not going back to 2006 anytime soon,” says NALP executive director Jim Leipold. The legal sector lost lots of jobs in the recession, and they’re not likely to come back. Happy Friday! [National Law Journal]

* It’s never too soon to start writing your law school application essay. Please try not to bore the admissions officers — make sure you have a “compelling” topic. [Law Admissions Lowdown / U.S. News]

* Katherine Heigl (remember her?) probably needed some cash, so she filed a $6M lawsuit against Duane Reade for posting a picture of her carrying one of the drugstore’s bags on Twitter. [Hollywood Reporter]

When it comes to women’s undergarments, like thigh-high stockings, consumers often don’t have quite as discerning of an eye as they would when it comes to things like handbags. After all, thigh-highs are predominantly used for sexual romps (unless a woman chooses to wear them to work, and if that were the case, we’d probably question her professional aspirations) — they’re meant to be ogled and salivated over briefly, if at all.

But that surely doesn’t grant the lingerie magnates of the world permission to sell cheaper thigh-high knockoffs at competing prices. According to a new lawsuit filed against Victoria’s Secret, women may be displeased to find out that their once high-quality underthings from Italy are now being manufactured in — gasp! — the land of the denim tuxedo….

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Nicollette Sheridan

* It’s time for the Supreme Court to sound off on the battle over women’s wombs, and you know it’s bad when even a sitting justice calls it “a mess.” Can a child conceived after a parent’s death receive survivor benefits? [CNN]

* Disgusting health warning pictures on cigarette packaging and advertising: now constitutional according to the Sixth Circuit. Maybe this will inspire people to quit a habit that’s almost equally as disgusting. [Thomson Reuters News & Insight]

* When Biglaw is involved, so is big money. Say “aloha” to the largest personal injury settlement in Hawaii’s history. The state will pay $15.4M over the hiking death of Gibson Dunn partner Elizabeth Brem. [Am Law Daily]

* A lawsuit filed against fashionista Alexander Wang over his alleged “sweatshop” has been discontinued, and not because there isn’t a case, but because the lawyers on either side have major beef. [New York Magazine]

* The Better Business Bureau has moved to dismiss a Florida law firm’s suit over its “F” grade. Because sometimes the truth hurts, but that doesn’t mean you can sue over it if you don’t like it. [Orlando Sentinel]

* The biggest bimbo from Wisteria Lane gets screwed again, but this time in court. A mistrial has been declared in Nicollette Sheridan’s lawsuit against the producers of “Desperate Housewives.” [Reuters]


Welcome back to Above the Four Loko. In today’s episode, we find that the drink that used to combine alcohol and caffeine in really obvious ways has settled a false advertising suit with the Federal Trade Commission.

As we’ve discussed often with Four Loko, the alcoholic kick IS the appeal of the product. This drink is not getting by on its taste.

But it appears that regulators can’t grasp this simple point. So, as part of the settlement, Four Loko is being forced to make it more obvious just how potent their drink is.

Uhh… okay….

double red triangle arrows Continue reading “Four Loko Settles With FTC — Will Improve ‘Warning’ That Product Will Get You Drunk”