The decision preserves Call & Jensen’s critical victory at the Ninth Circuit curtailing the ability of copyright plaintiffs to recover windfalls from defendants in the same supply chain. The Ninth Circuit previously vacated a lower court’s judgment awarding multiple statutory damages awards to a plaintiff copyright owner for the infringement of its copyrighted floral pattern. The lower court awarded a separate award to the plaintiff for each defendant in the supply chain…
Unanimous Ninth Circuit Affirms Summary Judgment In Consumer Class Action Alleging False Advertising
Call & Jensen attorneys Matthew Orr, William Cole and Sam Brooks obtained a unanimous decision from the United States Court of Appeals for the Ninth Circuit affirming the trial court’s ruling granting summary judgment against the plaintiff on all claims he had alleged in a class action lawsuit against a dietary supplement seller. In a published opinion, the Ninth Circuit agreed with Call & Jensen’s argument that the plaintiff’s state law claims…
Call & Jensen attorneys obtained summary judgment in favor of their clients in a class action alleging that the claims on the label of a dietary supplement were false and misleading. In entering Judgment in favor of the manufacturers and retailer of the product, U.S. District Judge Richard Seeborg agreed with Call & Jensen’s argument that the plaintiff’s state law claims were preempted by federal law, which expressly permits supplement sellers to…
Attorneys at Call & Jensen, in association with Rumberger Kirk & Caldwell, defeated class certification in an action which would have included tens of thousands of class members. Call & Jensen’s client is a leading, world-wide name-brand manufacturer of mattresses and pillows. After the denial of class certification, the trial team persuaded the district judge to divide the individual plaintiffs’ claims and transfer each plaintiff back to their home districts, leading to…
At the outset of a trademark infringement lawsuit in federal court, Call & Jensen secured a preliminary injunction on behalf of a prominent medical device manufacturer against its competitors. Arguing against a tentative denying the preliminary injunction, Call & Jensen’s attorneys convinced the federal judge to change course, affirm the validity of the manufacturer’s key mark, and find that all elements of the preliminary injunction standard had been met. The team consisted…
Call & Jensen is proud to announce that ten of its attorneys were named as “Southern California Rising Stars” by Southern California Super Lawyers Magazine in 2017. These outstanding lawyers were honored in their respective areas of practice for attaining a high degree of peer recognition and professional achievement – designations awarded to no more than 2.5 percent of California attorneys. In additional to being named Rising Stars, two of the firm’s…
In April 2016, Call & Jensen attorneys Mark Eisenhut and Samuel G. Brooks obtained a complete defense victory on behalf of their client, who is the CEO of a prominent business. After four days of trial, the judge denied all claims and relief sought against Call & Jensen’s client. According to the ruling, evidence presented by Call & Jensen “destroyed [Petitioner’s] credibility and made Petitioner come off as ungrounded and truly bizarre…