Broadcast Law Blog

OCTOBER 27, 2017

In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here ). Could California decide differently?

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Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

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Patently O

SEPTEMBER 12, 2022

But, the statute as written creates a slightly different test — asking what “reasonably could have raised during that inter partes review.” The statute charges the USPTO Director the role of instituting the IPR, although that duty had been delegated tot he PTAB. Christa Laser and her 2018 Florida Law Review article.

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The IP Law Blog

AUGUST 26, 2021

The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. They filed similar suits in Florida and New York contending that those states’ copyright laws required a similar result. Sirius XM Radio, Inc. ,

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SCOTUSBlog

FEBRUARY 21, 2022

Gambling on tribal lands first came to prominence with a Seminole casino in Florida in the late 1970s. The Pueblo and the Alabama-Coushatta have been in more or less constant litigation with Texas ever since, for more than a quarter of a century. The success of that facility led to proliferation of the business model.

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Conflict of Laws

AUGUST 23, 2021

The plaintiff was an American cruise ship passenger, Paul Turner, who brought a class action in federal district court in Florida alleging that the cruise line’s “negligence contributed to an outbreak of COVID-19 aboard the Costa Luminosa during his transatlantic voyage beginning on March 5, 2020.”. The case was Turner v. public policy.

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The Crime Report

SEPTEMBER 2, 2022

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. The Furman Framework.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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Diane Drain

MAY 15, 2021

Some language was included as an amendment, but only time will tell if that language holds up to litigation of the issue. Courts have repeatedly reiterated that the legislative purpose of the homestead exemption statutes is to allow the family to prevent judgment creditors from taking the family home.(ii)

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Conflict of Laws

FEBRUARY 22, 2024

After the yacht ran aground in Florida and sustained significant damage, Raiders filed a claim. Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. This post is cross-posted at Transnational Litigation Blog ] Raiders opposed this motion.

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SCOTUSBlog

FEBRUARY 23, 2022

Court of Appeals for the 5th Circuit ruled that his action was untimely because more than two years – the applicable statute of limitations – had run since the state trial court in 2014 denied his request for DNA testing. Issue : Whether the statute of limitations for a 42 U.S.C. Florida , 21-53. That’s all for this week.

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JURIST

MARCH 12, 2024

Florida education officials and civil rights attorneys reached a settlement on Monday over the state law dubbed “Don’t Say Gay.” ” The parties came to an agreement after two years of litigation and an appeal to the US Court of Appeals for the Eleventh Circuit.

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SCOTUSBlog

MARCH 2, 2022

Florida , 21-53 , which the court denied review on after a whopping 10 relists. Issue : Whether the statute of limitations for a 42 U.S.C. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. rescheduled before the Dec.

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SCOTUSBlog

DECEMBER 8, 2021

1988), which invalidated under dormant commerce clause doctrine an Ohio law providing that the state’s statute of limitation would not run against corporations that were not present in the state and had not designated an agent for service of process. Florida , 21-53. Midwesco Enterprises, Inc. relisted after the Dec. 3 conference).

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Broadcast Law Blog

JULY 25, 2017

Through litigation, certain copyright holders (including, most notably, Flo and Eddie of the 1960’s band The Turtles) have been seeking compensation from digital and analog music services for the public performance of pre-1972 sound recordings. But that law stops short of full Federalization of pre-1972 sound recordings.

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JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. In Florida, a woman has sued for defamation, harassment and emotional distress after her neighbor set up decorations that included an insane asylum sign that pointed to her yard and a fake tombstone with an inscription she viewed as a reference to her single status. Source: CBS.

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JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. In Florida, a woman has sued for defamation, harassment and emotional distress after her neighbor set up decorations that included an insane asylum sign that pointed to her yard and a fake tombstone with an inscription she viewed as a reference to her single status. Source: CBS.

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SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Florida , 21-53. The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. relisted after the Oct.

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SCOTUSBlog

MARCH 6, 2023

involves the trigger for the statute of limitations in cases under the Comprehensive Environmental Response, Compensation, and Liability Act – also known as “Superfund” – for the clean-up of sites contaminated with hazardous pollutants. The case will likely be argued sometime in the fall. The first case, Georgia-Pacific v.

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SCOTUSBlog

OCTOBER 3, 2023

From her home in Florida, Laufer – who has multiple sclerosis and uses a wheelchair or a cane to move around – combs the internet to look for hotels whose websites do not provide information about the accessibility of the hotel’s facilities. Share Deborah Laufer is a self-appointed civil rights tester.

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LawSites

DECEMBER 29, 2021

In Florida, a committee appointed by the state Supreme Court approved “in concept” changes that would create a Law Practice Innovation Laboratory Program similar to Utah’s regulatory sandbox and that would allow some loosening of the rules around nonlawyer ownership of law firms. As Exhibit B, I give you the Florida Supreme Court’s Oct.

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SCOTUSBlog

APRIL 19, 2024

That brings us to our next issue, raised by a large group of Florida criminal cases that the court has had kicking around since November. Ordinarily, under the so-called “American Rule,” each litigant pays its own attorney’s fees, whether it wins or loses. Bouarfa sued.

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Diane Drain

APRIL 15, 2021

At $150,000, Arizona already has one of the higher homestead exemptions, according to Asset Protection Planners, though eight states including Texas and Florida offer unlimited protection. That would undermine “the protection a debtor has under the current homestead• exemption statute,” Drain wrote in a commentary.

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FDA Law Blog

FEBRUARY 16, 2022

FDA, ruled that limiting Orphan Drug Exclusivity to the indication, rather than the condition designated, is inconsistent with the plain language of the statute. But like in the Depomed litigation, FDA’s reading of the Orphan Drug Act went too far, and, like the Depomed litigation, it will take an act of Congress to overturn this decision.

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FDA Law Blog

OCTOBER 4, 2021

In yet another decision based on statutory interpretation, an appellate court has decided that FDA’s interpretation of the Federal Food, Drug, and Cosmetic Act (FDCA) is contrary to the plain text of the statute. It may lead to new litigation or call into question previous FDA awards of orphan drug exclusivity.

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SCOTUSBlog

APRIL 19, 2021

United States , holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon. 922(g) , the federal felon-in-possession statute. Greer fled down the stairwell.

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SCOTUSBlog

JUNE 13, 2024

Coverage of federal fraud statutes Porat v. The district court held that the allegations were inadequate under the heightened pleading standards of the Private Securities Litigation Reform Act , which Congress adopted to curb perceived abuses of securities litigation. Florida and Moore v. United States and Kousisis v.

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LawSites

DECEMBER 29, 2021

In Florida, a committee appointed by the state Supreme Court approved “in concept” changes that would create a Law Practice Innovation Laboratory Program similar to Utah’s regulatory sandbox and that would allow some loosening of the rules around nonlawyer ownership of law firms. As Exhibit B, I give you the Florida Supreme Court’s Oct.

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SCOTUSBlog

MAY 28, 2024

Avenatti came to the Supreme Court earlier this year, asking the justices to decide whether one of the statutes under which he was convicted – barring fraud that deprives someone else of “the intangible right of honest services” – is so vague that it is unconstitutional. A Florida state court upheld Cunningham’s conviction.

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SquirePattonBoggs

MAY 13, 2022

Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. Woodson , 960 F.3d 3d 852 (6th Cir.

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JonathanTurley

JANUARY 14, 2024

In Florida, U.S. In the course of the litigation, the Justice Department conceded that The United States concedes that “[t]here is no evidence of firearms being prohibited at post offices, specifically, or of postal workers being prohibited from carrying them, at the time of the founding.” 18 U.S.C. § 18 U.S.C. §

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The Crime Report

DECEMBER 13, 2021

Supreme Court invalidated capital punishment statutes in several states in Furman v. Florida (14 percent), and Texas (8 percent) came next. And in another key metric suggesting how much death penalty litigation has altered the landscape, prisoners under sentence of death by the end of 2020 had been on death row for an average of 19.4

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SCOTUSBlog

JUNE 20, 2024

Stanley was a firefighter in Sanford, Florida, until she was forced by Parkinson’s Disease to take disability retirement. But its suit named Dewberry Group, not the affiliates, as a defendant, and the parties litigated only the liability of Dewberry Group itself. Florida and Moore v. In Stanley v. rescheduled before the Mar.

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JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. Source: CBS In Florida, a woman has sued for defamation, harassment and emotional distress after her neighbor set up decorations that included an insane asylum sign that pointed to her yard and a fake tombstone with an inscription she viewed as a reference to her single status.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. 1442, or the civil-rights removal statute, 28 U.S.C. Derivative Litigation , No. and non-U.S. 19-1189 (U.S. filed Sept.

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JonathanTurley

JUNE 9, 2023

It is a curious call for a governor to make after he ran ads in Florida calling on people to “join us in California.” California Attorney General Rob Bonta (D) chimed in, declaring the flight from Florida might be “ State-sanctioned kidnapping.” Gavin Newsom (D., for kidnapping charges against Gov.

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SCOTUSBlog

DECEMBER 31, 2022

As associate counsel for the National Association for the Advancement of Colored People in the 1960s, she helped litigate civil-rights cases in the South. She successfully blocked the executions of two half-brothers who had been convicted of a Florida murder and were later released.

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