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[John Ross] Short Circuit: A Roundup of Recent Federal Court Decisions
17 May 2024, 1:07 pm by John Ross
This week the Tenth Circuit vacates that opinion and requests supplemental briefing on how the Supreme Court's recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)
17 May 2024, 8:36 am by Eric Goldman
In In Re Jackson, Judge Leval applied this approach to a right of publicity claim, but it is applicable to any state law cause of action, and in X v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Connecticut man may bring pre-enforcement challenge to anti-gun law
10 Apr 2024, 6:56 am by Second Circuit Civil Rights Blog
The Court of Appeals reverses.The case is Nastri v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
2d Circuit clarifies equal pay claims under federal and state law
18 Oct 2023, 6:19 am by Second Circuit Civil Rights Blog
This ruling revives the plaintiff's state law claim even as it brings her federal equal pay claim to an end.The case is Eisenhauer v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Bloomberg campaign workers lose breach of contract case
19 Sep 2023, 10:16 am by Second Circuit Civil Rights Blog
They sue for fraudulent inducement and promissory estoppel.The case is Cordova v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
No religious discrimination when state eliminates religious exception to vaccine requirements
7 Aug 2023, 7:44 am by Second Circuit Civil Rights Blog
That ruling, Employment Division v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
The Second Circuit holds that, despite the erroneous jury instructions defining the “crime of violence” required for a § 924(c) conviction — allowing the jury to convict the Petitioners based on predicate offenses that didn’t necessarily require the actual or threatened use of force — the Petitioners failed to show that the instructional errors “resulted in prejudice that would entitle them to the relief they [sought] under 28 U.S.C. § 2255.” Nardino Colotti, et al. v. United States, Nos. 21-932(L), 21-937(CON), 21-950(CON), 21-992(CON), 21-1548(CON), __ F.4th ____ (2d Cir. June 21, 2023) (C.J.J.’s Leval, Parker, Menashi).
26 Jun 2023, 11:37 am by Darrell Fields
” Nardino Colotti, et al. v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
AWF v. Goldsmith and justification
21 Jun 2023, 7:20 am by Terry Hart
Google, where Judge Leval wrote, [T]he would-be fair user of another’s work must have justification for the taking. [read post]
Copyhype - http://www.copyhype.com/
How to plead a retaliation case under Title VII and ADEA
1 Jun 2023, 6:19 am by Second Circuit Civil Rights Blog
Co. v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
This is how qualified immunity works, Part II
12 Apr 2023, 6:13 am by Second Circuit Civil Rights Blog
" Earley v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
This is how qualified immunity works, Part I
10 Apr 2023, 7:01 am by Second Circuit Civil Rights Blog
Here is how it all works.The case is Matzell v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Fourteenth Trademark Scholars Roundtable, part 2
24 Feb 2023, 4:39 pm by Rebecca Tushnet
This is in contrast to looking, as Leval did in Rescuecom, at what each change to the law actually did (whether you like that outcome or not). [read post]
43(B)log - http://tushnet.blogspot.com/
Fourteenth Trademark Scholars’ Roundtable: Are Key Trademark and Unfair Competition Doctrines Anachronistic?
24 Feb 2023, 1:27 pm by Rebecca Tushnet
Judge Leval did the right thing quite recently in Rise & Shine v. [read post]
43(B)log - http://tushnet.blogspot.com/
Court rejects challenge to State and City COVID-19 shutdown rules
6 Feb 2023, 6:42 am by Second Circuit Civil Rights Blog
For various reasons, there is no case here, the Court of Appeals says.The case is Heidel v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
When does the word "bitch" not support a sex discrimination case?
13 Dec 2022, 6:42 am by Second Circuit Civil Rights Blog
If so, that is not enough to win the caseYears ago, I argued Pucino v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
In a dispute over uncashed MoneyGram checks, Delaware faces the ire of 30 other states
2 Oct 2022, 9:00 pm by James Romoser
The case, known as Delaware v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Trademark case: RiseandShine Corp. v. PepsiCo, Inc., USA
26 Sep 2022, 6:19 am by Matthew Hersh (Wolters Kluwer)
PepsiCo, Inc., July 22, 2022, Leval, P.). [read post]
KluwerTrademarkBlog - http://trademarkblog.kluweriplaw.com/
Circuit reverses ALJ on social security benefits
12 Sep 2022, 6:18 am by Second Circuit Civil Rights Blog
 Judge Menashi dissents from the first holding, stating that the "substantial evidence" standard applicable in administrative law cases like this supports the ALJ's findings. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Court of Appeals upholds New York State measles vaccination requirements
2 Aug 2022, 6:35 am by Second Circuit Civil Rights Blog
 The Court of Appeals disagrees and the state procedures remain on the books.The case is Goe v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
[Eugene Volokh] "MTN DEW RISE ENERGY" Doesn't Infringe "Rise Brewing" Nitro-Brewed Canned Coffee Trademark
22 Jul 2022, 4:34 pm by Eugene Volokh
From Riseandshine Corp. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/