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... pro se case (Mr. Howell is representing himself, and has no attorney). At first the Court issued an order, at the RIAA's request, saying that merely "making available" ... have addressed this issue in the digital context. See National Car Rental Sys., Inc. v. Computer Assoc. Int'l, 991 F.2d 426, 434 ... their distribution claims poses evidentiary challenges. [Ed. note: The Electronic Frontier Foundation's brief is a landmark document. It should be read from cover to cover by everyone who is interested ...

... keep people in the dark for what the government perceives to be their own good." 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484, 503 (1996). Thus, ... here. As we mentioned before, Bexis filed an amicus brief on First Amendment issues for the Washington Legal Foundation in Caputo, due to the trial court's adverse ruling ... no off-label use and (2) no conviction for truthful promotion. As to the first, the court concluded that the FDA never approved the device the defendants actually sold for anything ...

... defendants conspired to control the market for Warhol works. Simon-Whelan v. The Andy Warhol Foundation for the Visual Arts, Inc., ___ F.Supp.2d ___ (S.D.N.Y. May 26, 2009) [Slip Opn., at 1-2]. According to the allegations underlying the amended ... Board, and represented to a prospective buyer that it "would not stand by the prior authentications" unless the painting was first submitted to the Board. Id. Plaintiff submitted the painting to the Board in December 2001; the Board denied that ...

... the source documents on the DFAS website, and the Government did not lay a proper foundation under M.R.E. 1006 to admit the summary." Id., slip op. ... DFAS website was itself hearsay and thus inadmissible. Id. CAAF first considered whether the generic "foundation" objection was sufficient to preserve these objections. No, ruled CAAF. ... admitted under this expert witness exception." Id. at 9. CAAF concluded: "[S]ince PE 6 was not clearly inadmissible, in the absence of a more specific objection and ...

... issue was whether UMG transferred title when it mailed the promotional CDs to "music insiders" in the first instance. If title did transfer, then Augusto would be deemed the lawful ... Academy of Motion Picture Arts and Sciences v. Creative House Promotions, Inc., 944 F.2d 1446 (9th Cir. 1991) (using the "limited publication ... legally enforce such restrictions. Indeed, Augusto's counsel at the Electronic Frontier Foundation ("EFF") in San Francisco forecast the opinion's broader implications on EFF's ...

... Health Care Council v. Kaiser Foundation Health Plan, Inc., ___ Cal.App.4th ___ (Jul. 25, 2006), which was ordered published last Friday, the Court of Appeal (First Appellate District, Division Two) rejected a UCL "unlawful" prong claim predicated on an alleged violation ... Confidentiality of Medical Information Act (Civ. Code §§ 56 et seq.). Slip op. at 4-11. In the first appellate decision to cite Mervyn's, the court alternatively held that the plaintiff's UCL claim was barred ...

... the wall is working. But the threat is inside the wall." Representatives from the department of corrections, the Jacob Wetterling Foundation and Human Services, Inc., worked Thursday to make parents more aware of what they can do to help prevent sexual abuse - ... worried adults wondered why predatory offenders can live near schools, Donnay said 90 percent of sex offenses are committed by first-time offenders. "It's social proximity, not geographic proximity," he said, "that leads to sexual abuse." ...

... its bastard stepchild commercial speech-did not allow "data miners" to sell data on billions of drug prescriptions. IMS Health, Inc. v. Ayotte. These data miners persuade compliant pharmacies to sell them data on filled prescriptions, including the name ... who sided with whom. I'll start you off-the Washington Legal Foundation served in its accustomed role of unthinking lapdog for industry. But you knew that, didn't you?) The First Circuit reversed, recognizing that there ain't no First Amendment ...

... , Lisa Kantor won an appellate decision for a client suffering from an bulimia. In Jacobs v. Kaiser Foundation Health Plan, Inc., 04-57131 (C.D. Cal. Jan. 30, 2008), Laura Jacobs, was diagnosed with life-threatening bulimia, but was denied adequate treatment by her medical ... the issue of health coverage for eating disorders. In January 2006, Lisa Kantor previously won the first published appellate decision in an eating disorder case where her client was denied benefits for in- ...

After mulling it over for a couple of days, here are some first thoughts on FTC vs. Whole Foods. Litigated cases, and especially appellate court decisions, are so rare ... , see Rothery Storage & Van Co. v. Atlas Van Lines, Inc., 792 F.2d 210, 219 n.4 (D.C. Cir. ... -sense heuristic insights to come up with markets. This approach seems to undermine the acceptance of the theoretical foundations of economic analysis. In Whole Foods, the majority goes on to say that, based on the "unique environment" ...