Art, Entertainment & Sports Civil Rights Civil Procedure

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Business Litigation Report - July 2015

Introduction - Issue preclusion is a familiar concept to most practicing attorneys. Under this doctrine, “later courts should honor the first actual decision of a matter that has been actually litigated.” Charles Alan...more

Missouri Declares It Unconscionable For NFL Commissioner to Arbitrate Employment Dispute

The Supreme Court of Missouri has issued two significant arbitration decisions in recent weeks, showing its willingness to sever any aspects of an arbitration agreement that it finds unconscionable (while enforcing the...more

Pregnant Dancers are Sexy and They Know It

In considering a motion for summary judgment that may have been written just so I could write about it, in Berry v. The Great American Dream, Inc. (No. 13-CV-3297-TWT), the Northern District of Georgia decided – once and for...more

CAS decision addresses fairness and justice in sports disciplinary cases

The Court of Arbitration for Sport (“CAS”) decision in Dirk de Ridder v International Sailing Federation, recently published in full, has outlined six propositions to ensure that the disciplinary procedures operated by...more

Court Affirms Three-Part Title IX Test Applies to High Schools

In a recent decision, Ollier v. Sweetwater Union High School District, the Ninth Circuit Court of Appeals upheld a trial court finding that a public school district intentionally discriminated and retaliated against female...more

Free Speech and Ron Burgundy: Lessons from Hunter v. CBS

A man applies to be a weather anchor. The station instead hires “younger attractive females.” The man then sues the station, alleging discrimination....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 19, 2013

Hunter v. CBS Broadcasting, Inc. - California Court of Appeal reverses denial of CBS’s anti-SLAPP motion to strike plaintiff’s gender and age discrimination claims, finding that selection of weather anchors is...more

A Low or Mid-Level Employee Can Create A Privileged Communication, But Cannot Waive The Privilege Once Created

Hedden v. Kean University, A-4999-12T2, decided by the New Jersey Appellate Division on October 24, 2013, provides a tutorial on the ability of low to mid level employees to create privileged attorney-client communications,...more

Bernstein Shur Business and Commercial Litigation Newslette #31

We are pleased to present the 31st edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight cases and news addressing the inclusion of binding forum selection clauses in corporate...more

10 Questions About the Harassment Lawsuit Against Geno Auriemma

Yesterday, a security director for the NBA filed a lawsuit against USA Basketball, UConn Women’s Basketball Coach Geno Auriemma, and the NBA. It is just that — a complaint — nothing more and nothing less. Yet it is treated...more

TV Writers and Proskauer Client CAA Reach Preliminary Agreement to Settle

Creative Artists Agency (CAA) and representatives of a class of television writers today announced the settlement of a case alleging age discrimination in the representation of television writers. The case was the last...more

THE LAW OF UNINTENDED CONSEQUENCES

SUPER INJUNCTIONS, TWITTER, THE PERCEIVED IMPOTENCE OF THE ENGLISH COURTS IN THE U.S. AND SCOTLAND, CRISES IN THE CONSTITUTIONAL SETTLEMENT..... Every day sees a new twist in the ongoing media driven frenzy. For once, this...more

Scheier v. City of Snohomish, et al.

Order Denying Defendants' Motion for Summary Judgment

This was a civil rights case where a photographer who was detained for photographing power lines near a power-station brought claims based on her detention and arrest. Defendants moved for summary judgment based on qualified...more

Borings v. Google

Petition Supreme Court Preamble

Case against Google for trespass. The only judgment against Google as an intentional trespasser from Street View program....more

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