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7 Mar 2024, 7:48 am by Patricia Salkin
City of New York, 927 F.3d 81 (2d Cir. 2019), the Second Circuit had vacated the dismissal of the plaintiffs’ equal protection and selective enforcement claims, finding that their amended complaint “just barely” alleged that were treated differently than their proffered similarly situated comparator. [read post]
7 Mar 2024, 7:41 am by Evan Brown
Bungie sued under Section 512(f) of the DMCA which provides that one may be liable for sending any takedown notification that knowingly materially misrepresents that complained of material is infringing. [read post]
5 Mar 2024, 4:56 pm by INFORRM
  But the defendant may say that this might be incomplete and want to have the full advice disclosed. [read post]
5 Mar 2024, 8:13 am by Marty Lederman
Here are a few preliminary thoughts about the Court’s decision yesterday in Trump v. [read post]
5 Mar 2024, 4:10 am by Howard Friedman
  Even if the Court were to accept the Defendants’ purpose for the mandates as a compelling interest, the Defendants failed to provide any evidence showing this policy was the only feasible means to achieve its compelling interest....Just The News reports on the decision. [read post]
4 Mar 2024, 5:56 pm
., ))Defendants. )MEMORANDUM OPINIONThe late Justice Antonin Scalia once remarked that federal judges should havea rubber stamp that says STUPID BUT CONSTITUTIONAL. [read post]
4 Mar 2024, 12:47 pm
 Pix credit here The majority’s choice of a different path leaves the remaining Justices with a choice of how to respond. [read post]
4 Mar 2024, 7:45 am by Eugene Volokh
Of course, a defendant's voluntary cessation of its challenged conduct does not always moot a case. [read post]
1 Mar 2024, 11:05 am by Frank Heft
Axline, --- F.4th --- (6th Cir. 2024) involves a vehicle accident in the Great Smoky Mountains National Park. [read post]
1 Mar 2024, 5:01 am by Eugene Volokh
[Moreover,] "[f]undamental fairness suggests that defendants are prejudiced when required to defend themselves publicly … while plaintiff make[s] accusations from behind a cloak of anonymity. [read post]