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20 Nov 2020, 6:14 am by Second Circuit Civil Rights Blog
"While Judge Kearse in dissent states that the coerced identification did not taint the trial, since Vega did not testify at trial, that does not matter, the majority says, because "a criminal defendant's right to a fair trial protects more than the fairness of the trial itself. [read post]
18 Nov 2020, 2:38 pm by Eleonora Rosati
Otherwise, individual notifications may reach such a volume that, adding up the total number of notified specific works, a filtering duty arises which de facto amounts to a prohibited general monitoring obligation.The decisions of the Court of Justice (‘CJEU’) in L’Oréal v eBay, Scarlet v SABAM, SABAM v Netlog and McFadden all point towards the CJEU’s embracing a definition of general monitoring in the area of copyright that bans… [read post]
18 Nov 2020, 4:18 am by Jon L. Gelman
 Federal preemption of state medical fee schedules and regulations are a prevailing challenge to the patchwork of non-uniform state benefit programs.EagleMed, LLC v. [read post]
17 Nov 2020, 1:20 pm
Zuckerman's done this for a fair piece; as the opinion mentions, he was admitted to the California bar in 1965, so he's been around for a while.The settlement conference does not go smoothly. [read post]
16 Nov 2020, 12:45 pm by Patrick@nimblelight.com
As ruled in the 1992 case of Jacobson v. the United States, “Government agents may not originate a criminal design. [read post]
15 Nov 2020, 4:05 pm by Nassiri Law
Californians live in one of 23 states that have their own non-discrimination protections (under the California Fair Housing and Employment Act). [read post]
15 Nov 2020, 1:25 pm by Eugene Volokh
Under the Restatement (§ 150), (1) The rights and liabilities that arise from defamatory matter in any … broadcast … are determined by the local law of the state which … has the most significant relationship to the occurrence and the parties …. (2) When a natural person claims that he has been defamed by an aggregate communication, the state of most significant relationship will usually be the state where the person was domiciled at the… [read post]
15 Nov 2020, 1:12 pm by Peter S. Lubin and Patrick Austermuehle
Following the filing of Bryant’s complaint in state court, Compass removed the action to federal court under the Class Action Fairness Act, 28 U.S.C. [read post]
15 Nov 2020, 5:01 am by Eugene Volokh
From Judge Ezra Friedlander's opinion, joined by Judge Paul Mathias, in R.W. v. [read post]