August 30 roundup

  • “He coulda been a credenza”: actor’s estate sues over unauthorized “Brando” furniture line [The Daily via Balko] “Motorcycle Gang Sues Over ‘My Boyfriend’s A Hell’s Angel’ T-Shirt” [CBS-LA]
  • EEOC decries employer discrimination on the basis of applicants’ criminal records, recommends curbing background checks [WSJ Law Blog, FastCasual, Hyman, Greenfield] Bill in San Francisco would make felons a protected class in jobs, housing [Fox]
  • Why are Obama officials intent on reducing due process protections for those accused of campus sexual misconduct? [Silverglate, WSJ; Philadelphia Magazine, Samantha Harris/NY Post, Ciamarella, Daily Caller (AAUP objects to plan); links at SAVE] A contrasting view [Roderick Hills, Prawfsblawg]
  • 9th Circuit rejects Bluetooth class action settlement to which Ted Frank’s CCAF objected [Fisher, NLJ, Frank]
  • Lawyer who represents jogger in product liability suit expects to file more actions claiming Skechers sneakers responsible for falls [BLT]
  • Part of a balanced breakfast: “Why the lawsuit against Nutella is bunk” [Nadia Arumugam, Slate] Update: Judge denies motion to dismiss [Russell Jackson]
  • Experts agree it’s OK to nominate Overlawyered for an ABA “100 Best Legal Blogs” slot here.


  • “Yet no one is suing Kellogg’s, even though its Frosted Flakes website promotes the excessively sugary cereal as being [] packed with ‘good-for-you grains’….”

    Kelloggs has been sued, somewhat successfully so, for mislabling claims, and has been dinged by the FTC for, inter alia, advertising that Coco Krispies are “clinically shown to improve kids’ attentiveness by nearly 20%” and “help[] support your child’s immunity” (scientific claims on par with Airborn’s “cold-remedy.”)

  • […] employers who consider applicants’ arrest records in hiring — a practice it is now considering broadening, through agency guidelines restricting consideration of applicants’ criminal […]

  • re: the Brando furniture line.

    This does not seem unreasonable. I don’t recall that actors’ names (and therefore implied endorsement) have been deemed freely available for commercial use.

  • I fail to see how naming a line of furniture after an actor implies his endorsement.