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For Next Big Religion Case, High Court Goes to Greece
The Supreme Court is tackling one of the most divisive First Amendment issues, agreeing on Monday to hear a case on whether an upstate New York town violated the Constitution by opening its public meetings with a Christian prayer.
Lawyer Claims His ‘Slut-Shaming’ Is Protected By the First Amendment — Just Like the Founders Intended
Hell hath no fury like a patent practitioner romantically scorned.
Continue reading » Follow Above the Law on Twitter or become a fan on Facebook. Tags: 1st Amendment, Arthur J. Usher IV, Arthur Usher IV, Attorney Misconduct, Bad Ideas,...Show More Summary
Swedish Prosecutor Claims Registrar Of .se Domains Of Being An 'Accomplice' In Infringement Because Of Pirate Bay Domain
The concepts of secondary liability seem to go right out the window (along with basic rationality) when it comes to certain people freaking out about copyright infringement. The latest is that Swedish prosecutors are apparently threatening...Show More Summary
Pennsylvania Superior Court Sides With Claimant in "Sign Down" UIM Case
In its recent decision in the case of Weilacher v. State Farm, No. 124 WDA 2012 (Pa.Super. 2013)(Musmanno, Wecht, and Colville, J.J.)(Opinion by Musmanno, J.), the Pennsylvania Superior Court sided with a Plaintiff-insured on a question...Show More Summary
33 boxes of cigars on board, cont’d
We reported last month on the federal seizure of the 46-foot sailboat Janice Ann. Now an update: in a letter to petitioner Jeffrey Southworth, the U.S. Customs and Border Protection division of the Department of Homeland Security has offered to return the boat in exchange for a hold-harmless agreement sparing Customs from any demand for [...]Show More Summary
On The IRS Mess And What It Means To Be A Lawyer
The IRS scandal sheds light on what it means to be a lawyer — what it means to others, and what it means to us.
Continue reading » Follow Above the Law on Twitter or become a fan on Facebook. Tags: 501(c)(4), Accounting / Accountants, Depressing stuff, Depressing Things, Federal Government, Internal Revenue Service, IRS, Philip Hackney, Politics, Tax, Tax Law, Taxes
OIG tracks 'Fast and Furious' leak to Fox reporter
#OIG investigators have identified the former #Justice Department official responsible for leaking a sensitive 'Fast and Furious' document to a Fox News reporter. In a 23-page report, the Department of Justice's Office of Inspector General concludes that Dennis Burke, former...
After Controversy, Ex-Congressman Registers to Lobby
Former Representative Ron Klein (D-Fla.) has registered with Congress as a federal lobbyist at Holland & Knight for the first time since he left congressional lobbying rolls in February 2012 amid controversy. Klein, a Holland & Knight partner who maintains...
Your Word Against Ours: How The FBI's 'No Electronic Recording' Policy Rigs The Game... And Destroys Its Credibility
Considering the FBI's unseemly interest in recording phone calls and inserting itself into all sorts of electronic conversations (all without asking permission first), it's incredibly strange that it refuses to use one of the most basic electronic devices available: a voice recorder. Show More Summary
Agencies and Legislative/Judicial Power
(Stuart Benjamin) City of Arlington v. FCC has some interesting nuggets. For instance, Scalia’s majority flatly states: “Make no mistake—the ultimate target here is Chevron itself,” though the dissent disclaims any such intent. But I want to flag here another iteration of debates over how to characterize agencies’ power. Show More Summary
Dessert Doubles as a Metaphor for Legal Marketing
An experimental dessert served by one of San Francisco's trendiest restaurants is also apparently a metaphor for legal marketing.
Never steal anything from someone you can't outrun: Warner Bros. defeats infringement claim
Fortres Grand Corporation v. Warner Bros. Entertainment Inc., No. 3:12-cv-00535 (N.D. Ind. May 16, 2013) McCarthy has said that there’s “surprisingly little” case law on whether a fictional company or product using the same name/brand...Show More Summary
Trade Group Representing Many Large Companies Claims That Exceptions For The Blind Would 'Cast Aside' Copyright
As you may recall, we've recently written about the MPAA's protests against a treaty for the blind, as well as a similar protest from the Intellectual Property Owners Association (on that front, we heard that many members of that group never saw that letter before it was sent out, and were not happy about it). Show More Summary
Sixth Circuit Reversed in Another Habeas Case
(Jonathan H. Adler) The U.S. Court of Appeals for the Sixth Circuit has been on quite a losing streak in the High Court, particularly when it comes to habeas cases. This morning, the Sixth Circuit was reversed again by a unanimous court in Metrish v. Lancaster, vindicating Judge Batchelder who had dissented from the original panel opinion. As has [...]
EEOC: no post-offer inquiries about family medical history
Asking existing employees about their family medical history might offer safety benefits in the workplace, both by indicating vulnerabilities that might be countered by protective measures, and by helping to distinguish ailments with a strong congenital influence from those that might signal occupational disease. Show More Summary
Inside Straight: Subconscious Denial And Lawyer Reviews
What’s the difference between an explanation and an excuse? Perhaps it’s a matter of your track record.
Continue reading » Follow Above the Law on Twitter or become a fan on Facebook. Tags: Advice, Biglaw, Career Advice, Excuses, In-House Counsel, Inside Straight, Mark Herrmann, Partner Issues, Performance Reviews, Regulation, Regulatory and Compliance, Reviews, Screw-Ups
Allegedly false equivalence statement triggers insurer's duty to defend
JAR Laboratories LLC v. Great American E & S Ins. Co., 2013 WL 1966386 (N.D. Ill.) JAR sued its insurer seeking a declaration of a duty to defend it in an underlying suit filed by its competitor TPU, which distributes Lidoderm, a pharmaceutical product. Show More Summary
No reasonable consumer would think diet soda "all-natural"
Viggiano v. Hansen Natural Corp., --- F.Supp.2d ----, 2013 WL 2005430 (C.D. Cal.) Viggiano brought the usual California claims, along with federal warranty claims, based on Hansen’s diet Premium Sodas labeled as containing “all natural...Show More Summary
Expecting the Next Crisis
(Todd Zywicki) My review of Vern McKinley’s book Financing Failure: A Century of Bailouts has been posted at the Law & Liberty blog.
Morning Docket: 05.20.13
Obama might have found out about the IRS scandal “when it came out in the news,” but the Office of White House Counsel knew what was going on weeks ago. Hooray, a new reason for people to lose their sht. [Wall Street Journal (sub. req.)]
...Show More Summary
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