Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
Legal Rights When Moving - Interview of Larry Bodine on Better Kansas City KCTV 5
Larry Bodine's Interview on News 4 Jax (WJX4)
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Does Canada Need a New Uniform Arbitration Law?
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
Serving Legal Documents Through Social Media
Supreme Court Closes CAFA Loophole in Standard Fire v. Knowles
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Viewer's Guide to Gay Marriage Oral Arguments
Arbitration - An Alternative to Litigation for Dispute Resolution
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Street Legal Cars
Newsbreak: Surprising Results in Three Cases
Will The Debt Ceiling Standoff End Up In Court?
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Bill on Bankruptcy: Big Surprises For AMR, MF Global Creditors
Grassley: HSBC Should Face Criminal Charges
In a much-anticipated opinion, the Third Circuit Court of Appeals yesterday reversed a New Jersey lower court decision granting summary judgment in favor of video game giant Electronic Arts against putative class...more
In this issue:
- Table Of Contents
- Table Of Authorities
- I. Introduction.
- II. Texas Citizens Participation Act: What is it?
- A. Background and Enactment of the TCPA.
Righthaven LLC v. Hoehn, USCA, Ninth Circuit, May 9, 2013 -
Ninth Circuit affirms district courts’ dismissals of copyright infringement actions holding that entity created solely for purpose of pursuing copyright...more
In 2011, the Michigan legislature enacted laws barring sexually oriented businesses from displaying signs on premises, or off-site billboards, that contain more than "words or numbers." See MCL §§ 125.2833 and 252.318a. ...more
The trend around the nation is for judges to ban the use of laptops, I-Phones, Blackberries and other electronic devices whether used by reporters or the public to report on the trial. This Order allows their use in the 13th...more
Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more
Per Kenneth White, blogger at Popehat.com: http://www.popehat.com/2013/04/19/victory-for-blogger-patterico-in-free-speech-case/ :
"Patrick Frey, also known as Patterico, has been living under the cloud of a frivolous,...more
On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this...more
In March, Judge Paul Engelmayer of the Southern District of New York ordered service of process on several international defendants through novel means—Facebook.
In his Renewed Motion to Dismiss (“the Motion”), Mr. Frey established that the
First Amended Complaint (“FAC”) fails utterly, as did its predecessor, to meet the
standards required to sustain a lawsuit under Fed. R. Civ. P....more
The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more
A federal judge in the Northern District of California recently added to the growing list of cases rejecting attempts to recover damages resulting from data breaches. In In re LinkedIn User Privacy Litigation, Case no....more
In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the...more
From the Introduction:
This Court, acting sua sponte, raised the question whether Plaintiff Nadia Naffe’s original complaint was supported by diversity jurisdiction, suggesting that its allegations might not support...more
In 2008, the Foreign Intelligence Surveillance Act (FISA) was amended, broadening the surveillance powers of the federal government with respect to communications outside of the United States. In Clapper v. Amnesty...more
In This Issue:
- Court Rules that Yogurt Dispute Belongs Before the FDA
- Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards
- 5-Hour Energy Authorized To Sue...more
It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more
The outtakes from a documentary film produced by Ken Burns and others on the Central Park Five are protected from discovery under the First Amendment.
In 2012, Florentine Films released The Central Park Five, a documentary...more
From the Introduction:
This is a motion to dismiss Plaintiff’s First Amended Complaint (“FAC”). In moving to dismiss the first Complaint filed in this action, defendant John Patrick Frey (and former defendant Christi Frey)...more
From the introductory statement:
In its tentative ruling on Mr. Frey’s Motion to Dismiss Plaintiff’s original complaint, this Court sua sponte questioned whether it had subject matter jurisdiction over Plaintiff Nadia...more
The Quaker State can be proud of many things. The Liberty Bell. Andy Warhol. Tastykake. Trading Places. The Immaculate Reception. But one part of its history that Pennsylvania may wish to forget (besides dog killer...more
The federal courts continue to evaluate an employee's right to privacy and an employer's right to monitor employee communications and terminate employees based on those communications, whether under common law, statute or the...more
An issue we have discussed previously is whether all employee action that is “concerted” is also protected by the NLRA. We have seen that maliciously false statements made to third parties are unprotected. But what about when...more
Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/):
"In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more
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