Currently viewing the tag: "courts"

Since 1996 Section 230 Communications Decency Act (“CDA”), as interpreted by the courts, has given website hosts and creators a broad immunity for claims against them of libel that traditional publishers have not been afforded.

For example say a third-party posted something libelous or unflattering about you or your family member on a Continue Reading

Washington Redskins Trademark Hail Mary

On November 5, 2014 By Travis Gray

Last Monday night the Washington Redskins football team needed a field goal in overtime to beat the Dallas Cowboys. When it comes to the team’s ongoing trademark litigation, however, they may need a Hail Mary to beat the United States Patent and Trademark Office (USPTO).

Earlier this year, the United States Patent and Trademark Trial [...]

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Facebook has 1.23 billion monthly users. From among these users, 7.5 million are children. To many children, Facebook is a medium to share their thoughts and photos without oversight or restraint from their parents. In fact, in their use of Facebook, many children even refuse to be “friends” with their parents. But for [...]

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Un-”like”-ly Property Interests

On September 26, 2014 By Philip Houten

As social media has become as ubiquitous in Americans’ lives as commuting or sunsets, disputes over these new concepts have challenged the legal system to adapt archaic legal concepts to govern their use.  One such concept is a Facebook “like,” which allows a user to publicly display his or her affection for a photo, [...]

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The Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has cited Midnight Rider producers for safety violations, stemming from the tragic on-set death of twenty-seven year old camera assistant Sara Jones.

Jones was tragically killed last February on the set of Midnight Rider while the crew [...]

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The Miss America Rule

On July 15, 2014 By Erin Shackelford

Controversy over the unceremonious departure of the former Miss Delaware may lead to litigation.  Former Miss Delaware Amanda Longacre was stripped of her crown after winning the title in June.  Brittany Lewis, the original runner-up for the Miss Delaware pageant, was crowned the new Miss Delaware shortly after Longacre’s removal.

Longacre was [...]

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On June 23th, the Supreme Court handed down one of the most highly anticipated securities litigation opinions in recent memory. Halliburton II brought the fraud-on-the-market theory, the linchpin of securities class actions, squarely in front of the Court. For months, excerpts from various other Court opinions suggested the theory was ripe [...]

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In a case of first impression, the Tennessee Middle District Court recently confronted the issue of racial discrimination in reality television.  Plaintiffs Nathaniel Claybrooks and Christopher Johnson—two African American men who were denied the opportunity to be cast as The Bachelor in ABC’s reality-based dating show of the same name—filed [...]

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The A’s Raw Sewage Anti-Trust Problem

On February 26, 2014 By Ryan Loofbourrow

In 1922, the Supreme Court, in Federal Baseball Club of Baltimore, Inc., v. National Baseball Clubs, ruled that Major League Baseball is exempt from Anti-Trust laws.  This means that the MLB must allow a team to move if it wants to move.  It got this exemption because, apparently, baseball was [...]

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Exceeding Authorized Access

On February 7, 2014 By Jonathan Hoffmann

Last week the US District Court for the Northern District of California dismissed a case under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, thereby contributing to an ever-growing debate [PDF] about the meaning of the words “exceeding authorized access.”

Despite the fact that the CFAA Continue Reading