LIVE: Writing a “Moc” Lawsuit

L.L. Bean announced today that it will no longer honor its previous lifetime guarantee on many of its products. The new policy is a 1 year guarantee with returns after longer periods “considered”.

While it’s completely understandable to curb abuse, many customers fear that they have lost some of the value they bargained for when they bought goods with a lifetime guarantee. Taking away that guarantee amounts to removing value that customers have already paid for by removing future benefits that customers reasonably expected.

My super-secret guest and I will write a class-action lawsuit from start to finish, LIVE. This will be an academic exercise only and is not legal advice or ghost writing of any kind.

We will go over the basic legal principles of:

  • a well-plead complaint;
  • jurisdiction;
  • a class-action lawsuit;
  • basics of contracts for goods;
  • warranties;
  • damages;
  • specific performance;
  • and more!

Join me LIVE onĀ at 3pm Eastern today, 2/10.

See you then!

4th Circuit affirms: Cox Not in DMCA Safe Harbor

The Appeals Court said Cox, a major ISP, lost their safe harbor protections by not implementing a termination procedure for repeat copyright infringers. Cox had taken a hard stance against “DMCA Settlement Letters”, refusing to forward any from Rightscorp, BMG’s rep.

Cox had appealed from a lower court ruling which also held them liable for $25 million in Statutory Damages.

The 4th Circuit sent the matter back to the District Court for a new trial on whether Cox’s alleged “wilful blindness” is enough for the jury to find them liable. The District Court had instructed the jury using a “should have known” or negligence standard that the appeals court found was not a high enough standard to meet and match other case law, particularly patent law.

Opinion and Order inside.

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