'Probable Experience' in Business Interruption Claims
Part One of this article discussed business interruption generally, Imperial Palace's "probable experience" claim following Hurricane Katrina, and "probable experience" case law. This second installment continues the discussion of "probable experience" case law and addresses the issues that were brought to a head in the <i>Imperial Palace case.</i>
Third Circuit Mulls Student Suspensions for MySpace Postings
Fourteen federal appellate judges spent more than two hours talking about high school pranks on June 3 as the Third U.S. Circuit Court of Appeals sat en banc to consider a pair of cutting-edge First Amendment cases brought by students who were suspended for ridiculing their principals on MySpace.
Features
Obtaining Assent in Today's e-Conomy
A growing number of courts have addressed the validity of contracts purportedly created through Web-based transactions. While the judiciary has produced mixed results in this area, a few trends have emerged ' notwithstanding the nuances presented by online transactions.
Features
The Role of Causation Analysis in the Insurance Appraisal Process
While insurance appraisal clauses are standard in many homeowners' policies, the manner in which they are utilized by insurers and policyholders — and the way in which they are interpreted by the courts — differs based upon the role an appraiser plays in interpreting causation.
Bit Parts
Fred Astaire's Widow Is Denied TRO to Stop Tribute Awards<br>No Implied License or Work for Hire Is Found in Song's Spanish Translation<br>"Straight-Lining" Film Fees Allocation Breaches Implied Obligation
Cameo Clips
ACTOR EMPLOYMENT TIME/CONTRACT TERMINATION<br>TV-SHOW CREATION DISPUTE/DECLARATORY BID DENIED
NY Court Eases Discovery Burden for Music Streaming Site
Ever since the definitive appellate rulings in the Napster and Grokster cases, big entertainment companies have pretty much had their way with tech startups in copyright infringement battles ' for instance, the recent resounding win a group of record companies scored in New York federal district court against the file sharing service LimeWire, now perilously close to being shut down. But in June, there was news of a victory (albeit a small one) for the little guy.
NFL Players Attack League TV Contracts
Covington & Burling might still be smarting from its loss before the Supreme Court in American Needle Inc. v. National Football League, 08-661, in which the NFL was denied antitrust immunity, but the firm ' longtime outside counsel to the National Football League ' now has another big legal battle on its hands. A complaint filed by the NFL Players Association (NFLPA) is challenging the league's billion-dollar television contracts.
Backlash Gains Steam over Suits in D.C. Federal Court Against Film Sharers
Civil rights and consumer organizations are backing Time Warner Cable's federal court effort to block subpoenas for the names and addresses of thousands of individuals who allegedly downloaded movies illegally. The subpoenas are the result of a litigation campaign by US Copyright Group, a Washington, DC-based venture launched by the intellectual property law boutique, Dunlap, Grubb & Weaver.
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