This week, we take a look at Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator...more
9/14/2021
/ Affirmative Defenses ,
Americans with Disabilities Act (ADA) ,
Arenas and Stadiums ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Intellectual Property Protection ,
Remand ,
Seating ,
Spectator Sports ,
The Copyright Act ,
Vacated
This week, we look at one decision navigating the complicated jurisprudence governing review of remand orders (which one might think would be unreviewable), and another addressing the available penalties when taxpayers fail...more
This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction...more
2/8/2021
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
Employer Liability Issues ,
Franchises ,
Independent Contractors ,
Intellectual Property Protection ,
Joint and Several Liability ,
Remand ,
Res Judicata ,
Statutory Damages ,
Vacated
This week, we take a look at two decisions tackling novel procedural issues. In the first, the Court strictly applied the amount-in-controversy requirement of the Class Action Fairness Act, faulting a defendant for not...more
11/20/2020
/ Affirmative Defenses ,
Amount in Controversy ,
Breach of Contract ,
CAFA ,
Calculation of Damages ,
Class Action ,
Corporate Counsel ,
Employment Litigation ,
Motion to Remand ,
Remand ,
Sua Sponte ,
Summary Judgment
This week, the Court knocks down a party’s argument that it was “de facto debarred” from exporting activities under the Arms Export Control Act, and explains what exactly triggers the statute of limitations in Wiretap Act...more
10/30/2020
/ Appeals ,
Appellate Courts ,
Arms Export Control Act ,
Audio Recording ,
Cause of Action Accrual ,
Directorate of Defense Trade Controls (DDTC) ,
Exports ,
Licensing Rules ,
Preliminary Injunctions ,
Reaffirmation ,
Remand ,
Statute of Limitations ,
Wiretap Act
This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more
9/5/2020
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Appeals ,
Appellate Courts ,
Denial of Benefits ,
Disability ,
Disability Benefits ,
Foreign Defendants ,
Forum Non Conveniens ,
LHWCA ,
Longshoremen ,
Minimum Contacts ,
Mootness ,
Motion to Dismiss ,
Non-US Entities ,
Pain Management ,
Personal Jurisdiction ,
Popular ,
Remand ,
Reversal ,
Workers' Compensation Claim
This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more
8/14/2020
/ Administrative Law Judge (ALJ) ,
Agency Deference ,
Appeals ,
Collective Bargaining Agreements (CBA) ,
Controlled Substances ,
Dismissals ,
Dissenting Opinions ,
Employer Contributions ,
Employer Liability Issues ,
Failure To State A Claim ,
LMRA ,
Negligence ,
Negligence Per Se ,
NFL ,
NLRA ,
NLRB ,
Pain Management ,
Partial Reversal ,
Pension Plan Amendments ,
Pensions ,
Petition for Review ,
Pleading Standards ,
Putative Class Actions ,
Remand ,
Sports ,
Standard of Review ,
Substantial Evidence Standard ,
Unilateral Modification