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30 Aug 2013, 4:00 am by Ray Dowd
  The Second Circuit analyzed twenty-five of the works as fair use and remanded five works for the district court to consider whether the fair use defense applied. [read post]
19 Jul 2009, 7:52 am
  That, of course, is not how fair use really works, and no score card can actually predict the results of a judicial evaluation of the fair use factors. [read post]
5 Aug 2008, 12:12 pm
As Matter of First Impression, Class Action Fairness Act Permitted Removal of Suit as a “Mass Action” because Plaintiffs’ Counsel Designed the Lawsuit as a “Class Action Substitute” Seventh Circuit Holds Plaintiffs filed a complaint in Illinois state court against four defendants alleging that they had “designed, manufactured, transported, or used chemicals that allegedly escaped from a wood-processing plant and… [read post]
22 Apr 2010, 12:54 am by Michael Geist
  On fair dealing, the provision is expanded to cover "private and personal use. [read post]
The Supreme Court will soon hear a wage and hour case with massive implications for employers defending claims under the Fair Labor Standards Act (“FLSA”). [read post]
23 Sep 2020, 10:44 am by admin
The Department of Labor’s proposed rule clarifies that the department will use the “economic reality test,” and it identifies two core factors and three guideposts that make up the test. [read post]
12 Dec 2022, 10:50 am by Tomi Oshita
 On November 22, 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (the “Ordinance”). [read post]
25 Apr 2022, 7:25 am by Kevin Cordero
” Plaintiffs argued that under § 1681g(1), “[a]ll information in the consumer’s file” should be interpreted to mean that CRAs must furnish even information for internal and marketing use. [read post]
On May 14, 2021, the United States House of Representatives passed the Pregnant Workers Fairness Act (“PWFA” or “HR 1065”) for a second time. [read post]
3 Oct 2018, 5:47 am by Wystan Ackerman
Jackson, No. 17-1471 to decide whether a defendant to a class-action counterclaim can remove the case to federal court under the Class Action Fairness Act (CAFA) where the jurisdictional requirements under CAFA are otherwise satisfied. [read post]
15 Mar 2017, 6:54 am by Kristine Sims
 Before this year, the CRA was used successfully on only one occasion: in 2001, Congress succeeded in using the CRA to repeal an ergonomic rule issued by the Clinton Occupational Safety and Health Administration. [read post]
4 Jan 2016, 6:00 am by Steve Baird
So, when Duke’s Seafood & Rib Shack restaurant wants to create a name for their bar, permission would be required to use the Corona brand — there is no applicable trademark fair use defense merely because they happen to resell Corona beer, even if a lot of it: And, if you’re wanting to name a crepe menu item that contains both peanut butter and chocolate, it isn’t fair use to call it the Reese’s Cup, or if the crepe… [read post]
28 May 2017, 5:26 am by Tibbie McIntyre
Australia grapples over fair dealing or fair use – with Australian collection society channelling fees intended for authors into ‘fair-use opposition fund’ The potential replacement of fair dealing provisions with fair use provisions has been a hot topic in Australia for some years now. [read post]
27 Mar 2015, 10:29 am by Scott Hervey
Fox news argued that the use was protected “fair use” and moved for summary judgment. [read post]
20 Jul 2012, 12:05 am by Michael Geist
" Both decisions point to a very broad approach to fair dealing that can be used by a wide range of businesses and education groups to make the case that innovative uses of copyright materials qualifies as fair dealing and therefore does not require prior permission or compensation. [read post]
2 Nov 2015, 6:18 pm by Amy J. Traub and Yalda Haery
In an effort to clarify this requirement, the New York City Commission on Human Rights released a Fair Chance Notice Form (the “Form”). [read post]
16 Mar 2012, 12:28 pm by Jeff Sovern
UPDATE: Ted Mermin pointed out to me a comment in the California Law Review, Debt Collection in the Information Age: New Technologies and the Fair Debt Collection Practices Act, authored by Ted's former student, Colin Hector, that addresses the FDCPA's application to the use of Facebook to collect debts.     [read post]