Earlier this week, we wrote about the ridiculousness of Verizon Wireless refering to its new plans to throttle heavy users of its LTE mobile data network as "network optimization" while denying that it was "throttling." However, in a...Show More Summary
Judge Henderson dissented, believing the question of Zauderer’s appropriate scope to have been resolved in R.J. Reynolds and unfairly revisited. Judge Brown also dissented, quite vigorously. Under the majority’s reasoning, “a business...Show More Summary
The job is bad, but the applicant is uber.
“We’re in uncharted waters.” Following a split vote down party lines, the House of Representatives authorized Speaker Boehner to move ahead with his lawsuit against President Obama. [WSJ Law Blog] “Vultures! Don’t take our pound ofShow More Summary
Connecticut Highest court ruled on Wednesday that the Fourth Amendment allows police to detain the companions of criminal suspects without probable cause, when officer safer is threatened.
AMI continued: concurrences Judge Rogers concurred in part. She wrote to disassociate herself from the suggested collapse of Central Hudsonand Zauderer. “Viewing Zaudereras simply an application of Central Hudson to special circumstances...Show More Summary
The AM Roundup: Law Blog rounds up the morning's news.
American Meat Institute v. U.S. Dep’t of Agriculture, No. 13-5281 (D.C. Cir. July 29, 2014) The D.C. Circuit here, en banc, upholds country of origin labeling (COOL) requirements for meat, and in the process holds that Zauderer’s standard...Show More Summary
Here are the leading legal headlines from Wise Law on Twitter for Thursday, July 31, 2014: Second charge against Toronto cop in Sammy Yatim shooting - Toronto Star Rob Ford campaign video may have violated rules PM's former counsel won't...Show More Summary
Merck Eprova AG v. Gnosis S.p.A., No. 12 ? 4218 (2d Cir. July 29, 2014) Merck won a false advertising case against Gnosis, and the court awarded it over $500,000 in damages, over $2 million in attorneys’ fees and costs, and prejudgment interest, and also ordered corrective advertising. Show More Summary
By now you've surely heard the story of Ryan Block's recorded attempt to cancel his Comcast service, which resulted in one of the most infuriating 3rd person experiences I've ever witnessed. On top of that, we wondered recently whether...Show More Summary
Federal judge Mark Bennett has resorted to what might be called a creative sanction against out-of-state law firm Jones Day following what he considered excessive interruption and witness-coaching during discovery in the case of Security National Bank of Sioux City v. Show More Summary
As all followers of this blog are well aware, child labor laws expressly prohibit the use of young employees in the workforce. With very limited exceptions, corporations are not permitted to employ younger workers. The law in this area includes...
Brian Lichtenberg, LLC v. Alex & Chloe, Inc., No. CV 13–06837, 2014 WL 3698317 (C.D. Cal. July 25, 2014) Brian Lichtenberg (Brian) designs clothing and accessories, including parodies of designer brands, such as “Homiès” as a play on “Hermès” and “Bucci,” a parody of “Gucci,” and distributes his products through Brian Lichtenberg, LLC. Show More Summary
One of the most annoying things about the net neutrality fight -- as we've been noting for over a decade -- is how silly the net neutrality debate was once it became "partisan." An issue that, previously, had been a general one about...Show More Summary
In January of this year, we urged Techdirt readers to express their views on copyright by participating in the European Commission's consultation on the subject. It seems that many of you did, judging by the final numbers, which have...Show More Summary
That’s a widely shared objective right now, but at what price? In New Zealand, one of the two main political parties, Labour, is now contemplating rolling back the presumption of innocence, while the other, incumbent National, is contemplating allowing the criminal process to infer guilt from silence. Show More Summary
Cato event held earlier this month with Rep. Darrell Issa (R-Calif.) and Cato senior fellow Mark Calabria. Here’s the description: Launched in early 2013, “Operation Choke Point” is a joint effort by the Department of Justice (DOJ) and the bank regulators to limit access to the bank payments system by various businesses. Show More Summary
A few years back, people were rather disturbed to find out about the famous Excel bug, whereby the multiplication of two numbers in Microsoft's spreadsheet gave the wrong number. It turns out there are other circumstances in which Excel...Show More Summary
House lawmakers voted Wednesday to authorize House SpeakerJohn Boehner to file suit against President Barack Obama on a complaint that he had overstepped his legal authority, setting up a possible constitutional test and giving both parties a potent campaign issue to take home for the five-week congressional recess.