“Supreme Court decision could set off gerrymandering ‘arms race'”

HowAppealing

“Supreme Court decision could set off gerrymandering ‘arms race'”: John Kruzel of The Hill has this report

“Audit records from Cyber Ninjas to be released following Arizona Supreme Court decision”

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“Audit records from Cyber Ninjas to be released following Arizona Supreme Court decision”: Ryan Randazzo of The Arizona Republic has this report

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Pharmaceutical Patent Process Called to Question in Court Decision

LegalReader

Appeals court decision has far-reaching implications for drug patents.

High Court Decision Called ‘Alarming Reversal’ in  Youth Justice

The Crime Report

Earlier this year, the Supreme Court in Jones v. That not only amounts to a reversal of a precedent set earlier by the Court, but is an “alarming” step back in protecting juveniles, say Arthur Ago and Rochelle Swartz of the Lawyers’ Committee for Civil Rights Under Law.

“How a Supreme Court decision last year is reshaping the legal battle over LGBTQ discrimination”

HowAppealing

“How a Supreme Court decision last year is reshaping the legal battle over LGBTQ discrimination”: John Fritze of USA Today has this report

“Coming Supreme Court decision in major LGBT rights case seen as bellwether of conservative court”

HowAppealing

“Coming Supreme Court decision in major LGBT rights case seen as bellwether of conservative court”: Tucker Higgins of CNBC has this report

Pennsylvania Supreme Court Decision on Personal Jurisdiction

LPB Network

The Supreme Court of Pennsylvania has issued an interesting decision on personal jurisdiction: Hammons v. Recent Decisions State CourtsEthicon, Inc., 240 A.3d 537 (2020).

Could a Supreme Court Decision Affect Disclosure Obligations on Political Advertising?

Broadcast Law Blog

Last week, we wrote about two dissenting opinions in a Supreme Court decision that highlight the debate that is underway on the principles that govern defamation liability in the United States. But would today’s Court see things the same way?

Hackensack Meridian Health, Englewood Health Appeal Court Decision To Block Merger

AboveTheLaw

The FTC sued to block the merger between the two New Jersey-based health systems and won a preliminary injunction earlier this month. But the providers believe that the merger would not raise prices or stifle competition — like the FTC alleges it would — and have filed an appeal.

“Judicial Notice (06.26.21): #FreeBritney; Blockbuster Supreme Court decisions, a big-ticket litigation finance deal, and other legal news from the week that was.”

HowAppealing

“Judicial Notice (06.26.21): #FreeBritney; Blockbuster Supreme Court decisions, a big-ticket litigation finance deal, and other legal news from the week that was.” ” David Lat has this post at his “Original Jurisdiction” Substack site

Australia: A wrinkle in the Federal Court decision of trade mark infringement: Full Court overturns Botox v Protox finding - Corrs Chambers Westgarth

Mondaq

The Full Court decision clarifies the law in relation to deceptive similarity and what constitutes trade mark use

Laws 40

“A weakness in the argument for vaccine mandates; The Supreme Court decision allowing the government to require vaccines came before dozens of other cases allowing people autonomy over their bodies”

HowAppealing

“A weakness in the argument for vaccine mandates; The Supreme Court decision allowing the government to require vaccines came before dozens of other cases allowing people autonomy over their bodies”: Nicholas Tampio recently had this essay online at The Boston Globe

Looking at the Court Decision Which Led to the Shuttering of Locast’s Retransmission of Local TV on the Internet

Broadcast Law Blog

Facially, the service looked much like that offered by Aereo, which the Supreme Court determined seven years ago violated federal copyright law by retransmitting TV stations without first obtaining the consent of the copyright holders (see our article here on the Aereo Supreme Court decision).

“The Importance of Teaching Dred Scott: By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.”

HowAppealing

“The Importance of Teaching Dred Scott: By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.” ” Law professor Jeannie Suk Gersen has this post online at The New Yorker

“The Wayfair Case and Covid Sparked a State Sales Tax Bonanza; A boom in online commerce and a favorable court decision combine to fill depleted treasuries”

HowAppealing

“The Wayfair Case and Covid Sparked a State Sales Tax Bonanza; A boom in online commerce and a favorable court decision combine to fill depleted treasuries”: Danielle Moran of Bloomberg Businessweek has this report

Court Decision Finds No California Performance Right in Pre-1972 Sound Recordings – Why It Was Still an Issue

Broadcast Law Blog

Courts in other states had rejected that argument (see our articles on decisions in New York , Florida and Georgia ), but the question of the status of the law remained unresolved in California.

Are two unpublished Supreme Court decisions on recall elections precedential?

At the Lectern

Could prior Supreme Court decisions help eliminate uncertainties in the recall process? That’s an interesting question, because the only court decisions regarding a gubernatorial recall aren’t published in the official reports and their precedential effect is questionable. ” The same day Frankel was decided, the court also denied a writ petition in Burton v. The court did not issue an alternative writ in either Frankel or Burton.

Using Photos on Your Website – Court Decision Highlights Problems with a Creative Commons License and Other Copyright Issues

Broadcast Law Blog

One example is a recent US District Court ruling on a motion for summary judgment of a copyright lawsuit brought by a photographer when his photos of Willie Nelson and Carlos Santana appeared on a news website to illustrate articles on the musicians.

“The Cosby Ruling: Some Legal Analysts Dispute the Court’s Reasoning; The court decision that reversed the sexual assault conviction of Bill Cosby has prompted an unusual level of legal debate about the appropriate parameters of appellate review.”

HowAppealing

“The Cosby Ruling: Some Legal Analysts Dispute the Court’s Reasoning; The court decision that reversed the sexual assault conviction of Bill Cosby has prompted an unusual level of legal debate about the appropriate parameters of appellate review.”

“Supreme Court decisions on abortion and guns could shake up 2022 election; Democrats say gutting Roe v. Wade and rejecting gun limits would awaken their base, which tends to snooze during midterm races when they have the White House”

HowAppealing

“Supreme Court decisions on abortion and guns could shake up 2022 election; Democrats say gutting Roe v. Wade and rejecting gun limits would awaken their base, which tends to snooze during midterm races when they have the White House”: Sahil Kapur of NBC News has this report

“Appeals court rejects academic’s libel suit over claims of affair with Flynn; The ruling upheld an earlier district court decision throwing Svetlana Lokhova’s suit out in its entirety”

HowAppealing

“Appeals court rejects academic’s libel suit over claims of affair with Flynn; The ruling upheld an earlier district court decision throwing Svetlana Lokhova’s suit out in its entirety”: Josh Gerstein of Politico has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued Thursday

NJ Supreme Court Upholds $1.8M Award to Woman Attacked on NJ Transit Bus

LegalReader

The New Jersey Supreme Court recently decided to uphold a ruling that will award a woman who was attacked on an NJ Transit bus $1.8 Lawsuits & Litigation Verdicts & Settlements court decision Lawsuit Settlement New Jersey Supreme Court NJ Transit

“Ninth Circuit Lifts Ban on 3D-Printed Gun Blueprints; The appeals court decision loosens regulations on sharing untraceable 3D-printed gun files, but the Biden administration is expected to propose new restrictions on so-called ghost guns by May 8”

HowAppealing

“Ninth Circuit Lifts Ban on 3D-Printed Gun Blueprints; The appeals court decision loosens regulations on sharing untraceable 3D-printed gun files, but the Biden administration is expected to propose new restrictions on so-called ghost guns by May 8”: Nicholas Iovino of Courthouse News Service has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday

“The Supreme Court might be finding its way to overturning ‘qualified immunity’; The unanimous Supreme Court decision in Tanzin v. Tanvir says people can sue government agents for damages when their rights are violated”

HowAppealing

“The Supreme Court might be finding its way to overturning ‘qualified immunity’; The unanimous Supreme Court decision in Tanzin v. Tanvir says people can sue government agents for damages when their rights are violated”: Anya Bidwell and Patrick Jaicomo have this essay online at USA Today

“How One Supreme Court Decision Increased Discrimination Against LGBTQ Couples: People may like to believe that the Court can accommodate conservative religious groups without causing much harm, but that does not seem to be the case.”

HowAppealing

“How One Supreme Court Decision Increased Discrimination Against LGBTQ Couples: People may like to believe that the Court can accommodate conservative religious groups without causing much harm, but that does not seem to be the case.”

United States: Recent Federal Court Decisions Creating Uncertainty Around CCPA Standing - Perkins Coie LLP

Mondaq

Supreme Court in TransUnion LLC v. clarified that for standing purposes in federal courts On June 25, 2021, the U.S. Ramirez (No. 20-297, slip op.)

Ireland: The Growth Of Norwich Pharmacal Orders: Part II - The High Court Decision In Portakabin v Google - William Fry

Mondaq

In the second of our two-part series exploring the growth of Norwich Pharmacal Orders, we look at the recent decision of Portakabin v Google in which the High Court granted an application by Portakabin for a Norwich Pharmacal Order

Germany: Current Higher Regional Court Decision On The Duties Of The Architect Supervising The Construction Work - Jasper Rechtsanwalte

Mondaq

In its ruling of January 20, 2021, the Munich Higher Regional Court decided that one of the duties of the architect supervising the construction is to also supervise the execution of welding seams

United States: Recent District Court Decisions Provide Insight On How Courts Will Evaluate A Proximate Cause Defense On Summary Judgment - Winston & Strawn LLP

Mondaq

In two recent cases involving medical device implants, two federal courts ruled on defendants' summary judgment motions on failure to warn claims—one court granting and the other denying

Ireland: Repudiation Of Contracts / Leases Flying High After Irish High Court Decision In The Norwegian Air Shuttle ASA Examinership - Arthur Cox

Mondaq

The Irish High Court has delivered its judgment on repudiation of contracts (including leases and guarantees

“Trump Suits Against Tech Giants Face Steep First Amendment Hurdles; A unanimous 1974 Supreme Court decision said newspapers could not be forced to publish replies from politicians they had criticized”

HowAppealing

“Trump Suits Against Tech Giants Face Steep First Amendment Hurdles; A unanimous 1974 Supreme Court decision said newspapers could not be forced to publish replies from politicians they had criticized”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times

"Citizens United": The Supreme Court Decision One Year Later

Broadcast Law Blog

The Supreme Court issued its landmark opinion in Citizens United v. An editorial in today's Washington Post by the President of Citizens United and its lead counsel argues that the hysteria following that decision was unfounded because the amount spent by citizen groups in the last election paled in comparison to the amount spent by the Democratic and Republican parties and by the candidates themselves. The future will ultimately reveal any yet unrealized impact of this decision.

Bell Law Firm Wins Appeal in Case of Botched Central Line

LegalReader

Georgia Court of Appeals reverses previous trial court decision and sets stage for new trial. Lawsuits & Litigation Medical Malpractice appeals directed verdict Lloyd Bell medmal

Court of Appeals Upholds Copyright Royalty Board’s 2015 Webcasting Royalty Rate Decision

Broadcast Law Blog

The US Court of Appeals today released a decision upholding the Copyright Royalty Board’s 2015 decision setting the SoundExchange royalty rates for 2016-2020. We wrote about that decision here , and provided more details here. In any appeal of an agency decision, the Court routinely affords the agency deference in reaching its decision. In this case, no reason to overturn the CRB decision was found.

Court of Appeals Upholds Copyright Royalty Board’s 2015 Webcasting Royalty Rate Decision

Broadcast Law Blog

The US Court of Appeals today released a decision upholding the Copyright Royalty Board’s 2015 decision setting the SoundExchange royalty rates for 2016-2020. We wrote about that decision here , and provided more details here. In any appeal of an agency decision, the Court routinely affords the agency deference in reaching its decision. In this case, no reason to overturn the CRB decision was found.

Aereo Court Decision Permits Internet Streaming of TV Programs Without Royalties - Undermining the Public Performance Right?

Broadcast Law Blog

We’ve written extensively about copyright issues for audio services, but the big copyright decision that recently made headlines is a TV issue, though one that could have an impact on audio as well. That was the Second Circuit decision in the Aereo case – upholding a lower court decision allowing a company to retransmit over-the-air TV signals to consumers over the Internet – without any royalties to the TV broadcasters or television program producers.

The Second Circuit Takes on the Clean Air Act’s International Air Pollution Provision and Climate Change

Law Columbia

In my view, the court missed the mark, in the main. But in this blog post, I unpack an aspect of the decision where I think it was more of a mixed bag: the court’s treatment of the international air pollution provision of the Clean Air Act, Section 115.

Australia: High Court fixes casual employment uncertainty - McCullough Robertson

Mondaq

The Federal Court decision was a case of significant concern and uncertainty amongst employers of casual employees

Utah Court Enjoins Aereo Service – A Preview of the Supreme Court Decision? Could It Find Aereo to Violate Copyright Law Without Overturning the Cablevision Decision?

Broadcast Law Blog

Aereo finally lost a court decision. The US District Court in Utah released a well-reasoned decision finding that the service, by transmitting via the Internet over-the-air TV programming to subscribers without any consent from the TV stations or their program suppliers, violated the copyrights that the stations have in their programming. See our summary of the NY decision here ). Does this Utah decision serve as a preview of the upcoming Supreme Court decision?

Court of Appeals Finds That Digital Remasters of Pre-1972 Sound Recordings Likely Do Not Result in New Copyrighted Work That Would Bring These Songs under Federal Law – Reversing District Court Decision

Broadcast Law Blog

Two years ago, a District Court Judge, in a case brought against a broadcaster alleging that the broadcaster owed money under California state law for playing pre-1972 sound recordings, dismissed the suit finding that the broadcaster was playing digitized versions of those songs, created after 1972, which were covered under Federal copyright law ( we wrote about that decision here ). That decision was reversed yesterday.