Westlaw Journals weekly round-up

August 14, 2014

Westlaw Journals Weekly RoundupHighlights from the past week’s litigation news headlines over at the Westlaw Journals blog include stories about the bar exam ‘technical glitch’ that landed ExamSoft WorldWide Inc. in court, an FTC brief saying a North Carolina dental board is not immune from antitrust scrutiny and antivirus software makers deny using ‘scare tactics’:

Bar exam ‘technical glitch’ lands software provider in court: Three recent law school graduates from Illinois, Maryland and Minnesota have filed a proposed class-action lawsuit in Chicago against a bar exam software provider over a technical glitch last month that allegedly prevented test takers from uploading their answers. “The bar exam is already stressful enough as it is,” said Chimicles & Tikellis partner Benjamin F. Johns, who filed the suit Aug. 5 against ExamSoft Worldwide Inc. on behalf of Michael Casner, Stanley Constantine and Sean Whatley. Suits were also filed in federal courts in Washington State, California, Illinois and Florida. (Computer & Internet)

Dental board not immune from antitrust scrutiny, FTC says: A rule prohibiting non-dentists in North Carolina from providing teeth-whitening services does not qualify for the antitrust exemption of the “state action” doctrine because the regulatory body that issued it is not a government agency, the Federal Trade Commission is arguing before the U.S. Supreme Court. In a July 30 brief, the FTC says the 4th U.S. Circuit Court of Appeals ruled correctly when it held that the North Carolina State Board of Dental Examiners is not immune from antitrust scrutiny because it consists of private practitioners and is not subject to state supervision. (Antitrust)

Antivirus software makers deny using ‘scare tactics’: The makers of the Advanced SystemCare antivirus software program have asked a San Francisco federal judge to dismiss a proposed class-action lawsuit accusing them of using “scare tactics” to sell their product. Apperience Corp. and BlueSprig Inc., doing business as IObit, are facing claims in in the U.S. District Court for the Northern District of California that they duped consumers into buying the software by running fake scans on their computers and then falsely warning them that their machines are at risk from intrusion. Moving to dismiss the suit July 25, the defendants said plaintiff Jack Davis does not allege any specifics about the alleged “scare tactics” that were used on him or how he was defrauded by the program’s diagnostic scan. (Software Law Bulletin)