Federal Trade Commission, Plaintiff v. Skechers U.S.A., Inc., d/b/a Skechers, Defendant. (United States District Court for the Northern District of Ohio By Daniel G. DePasquale The Federal Trade Commission (“FTC”) announced that sneaker manufacturer Skechers has agreed to pay $40 million to purchasers of its Shape-Ups, Resistance Runner, Toners, and Tone-ups shoes. The settlement represents the [...]
- Cullen and Dykman Blogs
- View All Blog Posts
- Employment Litigation
- E-Discovery: Avoiding Disaster
- Education Law Blog
- Commercial Foreclosure Law
- Marcellus Shale Blog
- N.Y. Foreclosure Law
- Cullen and Dykman LLP
- Firm Website
- Firm Overview
- Practice Areas
- Attorney Directory
- Careers
- Contact the Firm
Blog Categories
Blog Archives
Shape-Up Your Ad’s Claims: Skechers Agrees to pay $40 Million to Settle Shape-Ups Suit
May 17, 2012 – 10:08 pm
Facebook “Likes” Are Not Protected Speech Under the First Amendment
May 11, 2012 – 9:01 pm
Bland v. Roberts, 2012 WL 1428198, (E.D. Virginia April 24, 2012). Six Virginia Sheriff’s office employees sued the Sheriff of Hampton, B.J. Roberts, both individually and in his official capacity, after they were fired from their jobs in 2009. Roberts was running for re-election during 2009 and several of the employees allegedly “liked” Roberts’ opponent [...]
Facebook “Likes” Are Not Protected Speech Under the First Amendment
May 11, 2012 – 8:59 pm
Bland v. Roberts, 2012 WL 1428198, (E.D. Virginia April 24, 2012). Six Virginia Sheriff’s office employees sued the Sheriff of Hampton, B.J. Roberts, both individually and in his official capacity, after they were fired from their jobs in 2009. Roberts was running for re-election during 2009 and several of the employees allegedly “liked” Roberts’ opponent [...]
How Will the Arizona Immigration Law Affect Education Law?
May 7, 2012 – 9:02 pm
On April 25, 2012 the U.S. Supreme Court heard arguments regarding the constitutionality of the controversial Arizona immigration law. The Court’s decision on the Arizona law will have broad implications on schools across the country, as the fate of similar immigration laws in states like Alabama also depend on the Court’s decision. In comparison to the [...]
The Roger Clemens Perjury Trial: Document Gaffe Highlights Importance of PDF Filings
May 4, 2012 – 9:02 pm
The Roger Clemens Perjury Trial: Document Gaffe Highlights Importance of PDF Filings May 4, 2012- This week marks the third week of the Roger Clemens perjury trial in the United States District Court for the District of Columbia. Recent events have provided a stark lesson in litigation practice and procedure for both Roger Clemens as [...]
Equal Employment Opportunity Commission Ruling Protects Transgender Individuals
May 4, 2012 – 9:02 pm
Macy v. Holder, Appeal No. 0120120821, Agency No. ATF-2011-00751 (April 23, 2012) On April 23, 2012, the Equal Employment Opportunity Commission (“EEOC”) held in a landmark decision, that transgender individuals who are discriminated against may now have recourse under Title VII of the Civil Rights Act of 1964, which generally prohibits employment discrimination “based on [...]
Male Student Wanted to Wear A Dress to Prom and Run For Prom Queen
May 2, 2012 – 9:02 pm
River Flanary, 17, claims his rights were violated when school officials from McClintock High School told him he could not run for prom queen. Flanary designed his own dress for the prom, and states that in an effort to comply with the school dress code, he “jerry-rigged some rope to it [the dress] so that [...]
Suspension of 5th Grader in Crayon-Drawing Threat Upheld by Court
April 27, 2012 – 9:02 pm
In Cuff v. Valley Central School District, the U.S. Court of Appeals for the 2nd Circuit voted 2-1 to uphold the six day suspension of a fifth grade student (“B.C.”) who, through a crayon drawing, expressed his “wish” for violence towards his school and teachers. The crayon drawing was created in the context of an [...]
Are Litigation Hold Letters Discoverable?
April 23, 2012 – 5:41 pm
Tracy v. NVR, Inc., 2012 U.S. Dist. LEXIS 44350 (W.D.N.Y. Mar. 26, 2012) To answer that question briefly: typically, no litigation hold letters are not discoverable. However, there is catch, which the Western District of New York (“WDNY”) has recently adopted. On March 26, 2012, the WDNY adopted the Major Tours, Inc.[1]principle that litigation hold [...]
Is a “Jesus Is Not a Homophobe” T-Shirt Protected by the First Amendment?
April 22, 2012 – 5:41 pm
Maverick Couch, a gay high school student in southwest Ohio, is suing the Waynesville School District, alleging that school officials violated his First Amendment rights by not allowing him to wear his “Jesus Is Not a Homophobe” T-shirt to school. Can the school constitutionally prohibit Maverick from wearing the T-shirt to school?” Before we look [...]