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No municipal liability where Port Authority medical visit was captured on video
26 Apr 2023, 6:00 am by Second Circuit Civil Rights Blog
City of New York, 841 F.3d 72 (2d Cir. 2016). [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
British American Tobacco pays $629 mill to settle sanctions violations charges by U.S.
25 Apr 2023, 2:27 pm by jeffreynewmanadmin
Attorney Michael Grady, and former FBI Special Agent David F. [read post]
Whistleblower Blog - https://www.jeffreynewmanlaw.com/blog/
British American Tobacco pays $629 Million settlement with US resolving illegal sales to North Korea facilitating illicit tobacco trade
25 Apr 2023, 2:25 pm by jeffreynewmanadmin
Attorney Michael Grady, and former FBI Special Agent David F. [read post]
Whistleblower Blog - https://www.jeffreynewmanlaw.com/blog/
District Court Denies Motion to Exclude Expert Where Conjoint Consumer Research Survey Was Appropriately Tied to Asserted Patents
24 Apr 2023, 3:34 pm by Stan Gibson
In this patent infringement action, defendant Carvana sought to exclude the plaintiff Estech’s expert report and opinions regarding a conjoint survey. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
(1) Evidence was sufficient to prove a violation of 18 U.S.C. § 2251(a) — which prohibits using a minor to engage in sexually explicit conduct to produce a visual depiction of that conduct — when the defendant created a video showing a fully clothed, sleeping teenager and the defendant (nearby) engaging in conduct with himself. (2) Also, a 5-level sentencing enhancement, for engaging in a “pattern of activity” involving “prohibited sexual conduct,” was proper — under U.S.S.G. § 4B1.5(b)(1) — based on the offense of conviction and proof (by a preponderance) of just one other prohibited act. (3) Finally, a 70-year prison sentence, the Circuit holds. isn’t substantively unreasonable. United States v. Osuba, No. 20-3322, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Calabresi, Park, Nardini).
24 Apr 2023, 2:08 pm by Darrell Fields
Osuba, No. 20-3322, __ F.4th ____ (2d Cir. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Appellant’s submission of (three) “forged letters” of support, to the sentencing court, results in a 5-level increase in offense level: a two level upward adjustment for obstruction of justice (U.S.S.G. § 3C1.1) and the denial of a 3-level reduction for acceptance of responsibility (id. § 3E1.1). United States v. Strange, No. 21-2923, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Pooler, Wesley, and Menashi).
24 Apr 2023, 1:09 pm by Darrell Fields
Strange, No. 21-2923, __ F.4th ____ (2d Cir. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
SCOTUS Takes on Jack Daniels’ First Amendment Parody Case
24 Apr 2023, 10:20 am by DONALD SCARINCI
Grimaldi, 875 F.2d 994 (2d Cir. 1989), which requires the plaintiff to show that the defendant’s use of the mark is either (1) “not artistically relevant to the underlying work” or (2) “explicitly misleads consumers as to the source or content of the work. [read post]
Constitutional Law Reporter - https://constitutionallawreporter.com/
Too Much of a Good Thing: Jake Linford on Copyright & Attention Scarcity
24 Apr 2023, 7:04 am by Camilla Hrdy
 Linford thus defends giving copyright owners rights to control derivative works. [read post]
Written Description - http://writtendescription.blogspot.com/
Civic Education and Faultlines of Constitutional Democracy
24 Apr 2023, 7:00 am by Guest Blogger
This post was prepared for a roundtable on Civic Education, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
Balkinization - http://balkin.blogspot.com/
Pitfalls for Corporate Counsel in Business Divorce Disputes
24 Apr 2023, 4:53 am by Franklin C. McRoberts
., 567 F Supp 1357 [SD NY 1983]). [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Removing An Illinois Divorce Case To Federal Court
23 Apr 2023, 2:42 pm by Russell Knight
“[F]ederal courts have no jurisdiction over suits for divorce or the allowance of alimony. [read post]
Law Offices of Russell D. Knight - https://rdklegal.com/blog/
The Death of Convergence and its Implications for ESG --Anti-ESG Laws in the United States and Markets as a Critical Political and Governance Space
22 Apr 2023, 7:16 pm
 Pix Credit hereThe great project of convergence has been ingloriously drifting toward the trash bin of history de facto even as its once progressive now reactionary claque continues to hold high its de jure banner. [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
A conference to honor Professor Linda Silberman at NYU
22 Apr 2023, 6:23 am by Mayela Celis
Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute (American Law Institute, 2006) (with Andreas F. [read post]
Conflict of Laws .net - https://conflictoflaws.net
Diplomatic Engagement with the Taliban: A Path Forward or a Black Hole?
21 Apr 2023, 5:53 am by William Maley
The willingness of states to defend fundamental norms tells us something about what kinds of states they are, or wish to be. [read post]
Just Security - https://www.justsecurity.org/
Draft SEP regulation threatens EU Commission's credibility at WTO level, may backfire big-time: issues outlined by former U.S. government officials and senior Qualcomm lawyer
21 Apr 2023, 1:40 am by Florian Mueller
As the letter recalls, it's been less than a year since the executive director of the EUIPO, Christian Archambeau, said “[o]f course, we will never have the competency in patents. [read post]
FOSS Patents - http://www.fosspatents.com
How Regulation of Share Buybacks and Insider Trading Compare in the U.S. and Europe
20 Apr 2023, 9:05 pm by renholding
Share buybacks have returned with a vengeance following the COVID-19 pandemic.[1] The average proportion of buybacks out of aggregate shareholder payouts in 2019-2021 was higher than the historical average during 2005-2019 in the U.S. and Europe.[2] These developments have attracted broad criticism from academics and policymakers, with many seeking to curb share buybacks to reduce the risks of insider trading, market manipulation, the harm to long-term shareholder value, and other concerns.[3]… [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
[Eugene Volokh] Professional Duty to Warn Clients About Risk of Reputational Harm from Filing Lawsuit?
20 Apr 2023, 12:52 pm by Eugene Volokh
Defendants opposed the initial motion largely based on the unredacted filings. [read post]
The Volokh Conspiracy - http://www.volokh.com/
“Preferential Treatment”: IRS Whistleblower Claims Political Influence and Possible Perjury Related to the Hunter Biden Investigation
20 Apr 2023, 8:10 am by jonathanturley
Here is the column: “No one f**ks with a Biden. [read post]
Jonathan Turley - https://jonathanturley.org/
consumer class settlement can't include injunctive relief unless there's Art. III standing to seek injunctive relief
20 Apr 2023, 7:19 am by Rebecca Tushnet
Reckitt Benckiser LLC, --- F.4th ----, 2023 WL 2906311, No. 22-11232 (11th Cir. [read post]
43(B)log - http://tushnet.blogspot.com/
Mutual Mistake Of Fact In An Illinois Divorce
20 Apr 2023, 5:17 am by Russell Knight
Because of this, defendants often invoke the “parol evidence rule. [read post]
Law Offices of Russell D. Knight - https://rdklegal.com/blog/