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- American Legislative Exchange Council (ALEC) (1)
- Antitrust policy (1)
- Arkansas Deceptive Trade Practices Act (ADTPA) (1)
- False advertising claims (1)
- Federal Trade Commission (TFC) (1)
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- Federal Trade Commission v. Morton Salt (1)
- Market infringement prong (1)
- Reasonable interest test (1)
- Robinson-Patman Act (1)
- Section 43(a) of the Lanham Act (1)
- Standing (1)
- State deceptive trade practices laws (1)
- Trademark Law Revision Act of 1988 (TLRA) (1)
- Volvo v. Reeder Simco (1)
- “Judicial Activism” (1)
Articles 1 - 2 of 2
Full-Text Articles in Securities Law
Antitrust—Robinson-Patman Act—No Salt Added: The Supreme Court Promotes Healthy Competition By Taking The Salt Out Of The Robinson-Patman Act. Volvo V. Reeder-Simco, 126 S. Ct. 860 (2006)., James Paul Purnell
University of Arkansas at Little Rock Law Review
Arkansas's current path in nursing-home regulation is leading to the destruction of its nursing-home system. In particular, the Arkansas Resident's Rights Statute favors plaintiffs and allows for high damage awards. The statute's civil enforcement provision lacks guidelines for the application of the statute or the award of damages. In February of 2006, the Arkansas Supreme Court decided Health Facilities Management Corp. v. Hughes, a nursing home case concerning the Arkansas Resident's Rights Statute. The court's decision on the issue of liability under the statute was well-reasoned and stayed faithful to the goals of the statute, encouraging nursing-home licensees to live …
Resolving The Circuit Split On Standing In False Advertising Claims And Incorporation Of Prudential Standing In State Deceptive Trade Practices Law: The Quest For Optimal Levels Of Accurate Information In The Marketplace, Kevin M. Lemley
University of Arkansas at Little Rock Law Review
This article has two significant goals. First, it addresses the circuit split on the proper test for standing in false advertising claims under section 43 (a) of the Lanham Act. With slight modification, courts should adopt the reasonable interest test as articulated in two recent opinions authored by Justice Alito while he was sitting on the Third Circuit of Appeals, Second, this article proposes similar prudential standing considerations, along with proposed legislative amendments, for state deceptive trade laws. This section of the article focuses primarily on Arkansas law, but the proposals set forth can be applied to other jurisdictions. The …