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Site title: Rebecca Tushnet's 43(B)log

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Message History

Noriega v. Abbott Labs., 2026 WL 1601501, No. 23 Civ. 4014 (PAE) (S.D.N.Y. Jun. 4, 2026)

Conventional wisdom is that certification is the ballgame for consumer class actions, but it might be empirically mistaken. This case is an example where there’s plenty more litigation ahead. Noriega alleged that the packaging and marketing of PediaSure Grow & Gain misl...


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Scotts Co. v. Procter & Gamble Co., 2026 WL 1601797, No. 25-3555 (6th Cir. Jun. 4, 2026)

Discussion of trade dress opinion here.


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Framing the Public Interest Agenda - Beyond the Narrative of “Content vs. Tech”

Framing Digital Consumer Rights

US experience is v different from rest of world—want to support the int’l discussion keeping that in mind. US libraries are ubiquitous, 122,000 in US; int’lly, often they’re more gov’t focused. Most tech companies are globally minded—come up w...


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AU Washington College of Law, Program on Information Justice & Intellectual Property

Chatham House rules.

Opening discussion: The Role of the Public Interest in Framing the Copyright Act of 1976

AI is sucking all the air out of © discussion about other topics. It doesn’t have to be the predominant question of © and the public interest. 76 Act was ...


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jointly sponsored by the Sandra Day O’Connor College of Law (ASU)
and the Hoover Institution (Stanford University)


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