The IP Law Blog

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. California also has a common law right of publicity that’s a bit broader than the statute. UMG considers this a violation of copyright law.

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JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. A tort action for intentional infliction of emotional distress is likely to fail. See Pennsylvania General Assembly Statute §7102.

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Tort Litigation Litigating Manufacturing 34

Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

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Tort Litigation Litigating Finance 75

Conflict of Laws

AUGUST 24, 2023

It is cross-posted at Transnational Litigation Blog. Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II. But California, like most U.S.

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Laws Statute Court Tort 52

InHouseOps

JULY 16, 2021

As a result, litigation under privacy laws protecting individuals’ biometric information has exploded. Such litigation will likewise continue to grow, as evidenced by the activity of the past few months. In February and early March, four major developments occurred regarding BIPA litigation. In re TikTok Inc.

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Laws Litigation Litigating Personal Injury 52

ClimateChange-ClimateLaw

MARCH 14, 2024

E&E News reports that similar legislation may soon be introduced in California and Minnesota. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. In a 2021 appellate decision, City of New York v.

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Statute Government Court Laws 58

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. The California state law at issue in Flagstar Bank v. Court of Appeals for the 9th Circuit held that the California law requiring escrow interest was not preempted by the National Bank Act. Nelson ,…517 U.S. Kivett , and the New York state law in Cantero v.

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Laws Court Personal Injury Tort 80

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. The result is a horn of plenty for litigators.

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Tort Statute Criminal Law Court 32

JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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Tort Litigation Litigating Manufacturing 39

SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. In government-facing litigation, the government’s petition in Becerra v. Cummings v.

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Compensatory Damages Government Court Cause of Action 83

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. California v. California v. California v. By Margaret Barry and Korey Silverman-Roati. and non-U.S. Wheeler , No.

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Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

OCTOBER 7, 2019

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. and non-U.S. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. 97182-0 (Wash.

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Court Government Statute Tort 40

Conflict of Laws

FEBRUARY 29, 2024

Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework. Meanwhile, lower courts struggled with how to fit the Supreme Court’s 1922 decision in United States v. Meanwhile, the Supreme Court interpreted the aiding and abetting provision of the Anti-Terrorism Act (ATA) in Twitter, Inc.

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Laws Court Divorce Tort 72

JonathanTurley

JANUARY 26, 2024

Since Morris may repeat such threats against other columnists and critics, I wanted to give a full account of his claims that his transactions with his client are entirely in compliance with California bar rules. Specifically, California Bar Rule 1.8.5(a) a) by allegedly ‘paying the bills’ for Mr. Morris’ client, R.

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Lawyer Lawyers Litigation Litigating 52

JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. In my torts class, I teach defamation and often discuss the California retraction law. It was a cascading deconstruction of the lawsuit.

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Tort Cause of Action Laws Court 31

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The magistrate judge concluded that the suit was barred by the statute of limitations. Wikimedia Commons. and non-U.S.

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Court Reporting Court Construction Government 55

ClimateChange-ClimateLaw

JUNE 8, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The fossil fuel companies removed the case in March 2021, citing five grounds for removal, including the federal officer removal statute.

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Court Statute Government Litigation 42

ClimateChange-ClimateLaw

JULY 2, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Chevron filed similar notices of withdrawal in other cases brought by California localities. and non-U.S. Chevron Corp.

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Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

APRIL 9, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. s consumer protection statute. California v. By Margaret Barry and Korey Silverman-Koati. and non-U.S. 21-1035 (D.C.

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Court Statute Litigation Litigating 114

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. 4, 2020); California v. California Appellate Court Rejected Challenges to CEQA Review for Master-Planned Community.

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