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Columns & Departments
Analysis of two key cases, one involving asbestos, the other an intrauterine birth control device.
Columns & Departments
Florida Federal Court Confirms Denial of Song Administration Rights to Chic Co-Founder's Widow<br>Minnesota Right of Publicity Ruled Descendible in Prince Recordings Dispute<br>Original <i>Housewives</i> Producers' Fraud Claim Time-Barred, Though Contract Breach Claim Can Proceed<br>Ticketmaster.com Arbitration Clause Doesn't Apply to Potential Buyer on ticketexchangebyticketmaster.com
Features
The big news in the fantasy sports arena this past summer was the announcement that competitors FanDuel and DraftKings, which make up more than 90% of the online market, would end their merger bid following the Federal Trade Commission's filing of an antitrust lawsuit against the companies. Now, there's good news for FanDuel and DraftKings on a different front, involving the use of athletes' personality components.
Features
Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a <i>cy pres</i> recipient, but courts are starting to question such moves more thoroughly.
Features
Several of the same concepts that are in agreements between performing artists and managers also apply to agreements between authors and literary representatives.
Features
In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation. In many instances, copyright infringement lawsuits are brought against defendants who have been sued before for infringement, or related misconduct, or who have been the subject of allegations or informal complaints, or who simply have experience in copyright matters.
Features
New York City's 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance.
Features
<b><i>Anti-SLAPP Legislation and Defamation Claims</i></b><p><b><i>Part Two of a Two-Part Article</i></b><p>After defendants have established that their allegedly defamatory statements were made in furtherance of their right of free speech or petition under the United States Constitution or the California Constitution in connection with a public issue, the second thing that courts must question when a defendant seeks dismissal through an anti-SLAPP motion is whether the claimant has carried his burden of establishing a probability of success on the merits of his claim.