Posts filtered by tags: Ninth Circuit[x]


United States: Ninth Circuit Holds Dr. Seuss-Star Trek Mashup An Infringement, Not A Parody - Cowan Liebowitz & Latman PC

In Dr. Seuss Enterprises, LP v. ComicMix LLC, Case No. 19-55348 (9th Cir. December 18, 2020), the Ninth Circuit held that Oh, the Places You'll Boldly Go! ("Boldly")—ComicMix's Star Trek-themed sendup
Tags: News, United States, Ninth Circuit, ComicMix LLC, Latman, Cowan Liebowitz, Ninth Circuit Holds Dr Seuss Star Trek Mashup, Seuss Enterprises LP

How Section 230 might not help Amazon in the Parler lawsuit

Parler sued Amazon [PDF of complaint] yesterday alleging three things: antitrust violations, breach of contract and tortious interference. Each of these claims relates to Amazon’s decision to kick Parler off of AWS servers. To use Section 230’s language, Amazon took action to “restrict access to or availability of material.” That language comes from Section 230(c)(2), which reads more fully as: No provider . . . of an interactive computer service shall be held liable on account of . . . any acti...
Tags: Amazon, Law, Chicago, Computer Fraud and Abuse Act, Ninth Circuit, Said, CFAA, Evan Brown, Section 230, Parler, Malwarebytes Inc, Computer Crime, Enigma Software Group USA LLC

Section 230 Year-in-Review for 2020

Section 230 had such a drama-filled year that I decided to do a separate roundup, in addition to my annual Internet Law wrapup coming soon. (I know 2020 feels like it was a decade ago…) Trigger warning: this post is a shitshow. My list of Top 10 Section 230 developments of 2020: #10: A Tsunami of Reform Bills Were Introduced.  Over two dozen Section 230 reform or repeal bills were introduced in Congress’ 116th session. In general, the bills reflected a partisan divide over Section 230: Democrat...
Tags: Amazon, Twitter, Fcc, Law, Congress, California, Mexico, Senate, US, Canada, United States, House, Doj, Wall Street Journal, Malwarebytes, Knight Foundation

United States: 9th Circ. 'Willful' Ruling Could Extend Beyond FMLA Context - Pryor Cashman LLP

On Nov. 23, the U.S. Court of Appeals for the Ninth Circuit applied the Fair Labor Standards Act's important willfulness standard in a lawsuit alleging violations of the Family and Medical Leave Act.
Tags: News, United States, U S Court of Appeals, Ninth Circuit, FMLA Context Pryor Cashman LLP

The Seuss Is Loose!

Ninth Circuit rescues copyright claim brought by Dr. Seuss estate over out-of-this-world infringement.
Tags: Law, Copyright, Intellectual Property, Ninth Circuit, Seuss, Dr. Seuss, Scott Alan Burroughs

United States: This Week At The Ninth: Dr. Seuss And Constitutional Cures - Morrison & Foerster LLP

As one might expect, the past two weeks in the Ninth Circuit have been relatively quiet (though emergency litigation concerning California's shelter-in-place order has kept some panels very busy).
Tags: News, California, United States, Morrison, Ninth Circuit, Foerster LLP

United States: Ninth Circuit Reverses District Court, Holds Debt Collector Cannot Simply Rely On Creditor Providing Accurate Information To Invoke Bona Fide Error Defense - Riker Danzig Scherer Hyland & Perretti

The United States Court of Appeals for the Ninth Circuit recently reversed a District Court and held that a debt collector who sends a collection letter seeking an incorrect amount owed cannot use...
Tags: News, United States, District Court, Ninth Circuit, United States Court of Appeals, Ninth Circuit Reverses District Court, Riker Danzig Scherer Hyland, Perretti

Facebook Isn’t a Constructive Public Trust–Cameron Atkinson v. Facebook

Cameron Atkinson self-describes himself as “a Christian, a published constitutional scholar, a soon-to-be trial and appellate lawyer, and a general hell-raiser.” He also describes himself as “Liberty’s sheriff” and you can even buy t-shirts apparently depicting him in that role. Atkinson sued Facebook for allegedly censoring several of his posts. The court dismisses his lawsuit. First Amendment. As confirmed in PragerU v. YouTube, an online service “censors” its users only if it is a state acto...
Tags: Google, Facebook, Law, Congress, Youtube, Linkedin, Icann, United States, Circuit, Johnson, Alphabet, Atkinson, Wilson, Trump, Perez, Lewis

United States: Lit Alerts—December 2020 - Arnold & Porter

The US Court of Appeals for the Ninth Circuit recently held as a matter of first impression that a defendant is not required to file a new answer to an amended complaint to avoid waiver of affirmative defenses when the amended complaint does not change the theory or scope of the case.
Tags: News, United States, Arnold, Porter, US Court of Appeals, Ninth Circuit

Microsoft and Google Join Facebook's Legal Battle Against Hacking Company NSO

Tech giants, including Microsoft and Google, have joined Facebook's legal battle against hacking company NSO, filing an amicus brief in federal court that warned the Israeli firm's tools were "powerful, and dangerous." From a report: The brief, filed before the U.S. Court of Appeals for the Ninth Circuit, opens up a new front in Facebook's lawsuit against NSO, which it filed last year after it was revealed that the cyber surveillance firm had exploited a bug in Facebook-owned instant messaging p...
Tags: Google, Facebook, Microsoft, Washington, Tech, Internet Association, Vmware, U S Court of Appeals, Ninth Circuit, Northern District of California, NSO, Microsoft Alphabet, Google Cisco Dell Technologies

Sorry – This Crossed The Line, Say Judges In Star Trek/Dr. Seuss Parody Copyright Case

“The ruling by a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit concerned a Kickstarter-backed book, created by ComicMix, that inserted “Star Trek” characters into the whimsical pastel world that Dr. Seuss created for the 1990 children’s classic “Oh, the Places You’ll Go!” The ComicMix book, a primer on “Star Trek” characters and lore, replicated broad swaths of the Dr. Seuss original, down to imitating small details of the illustrations, the judges said.” – The New York...
Tags: Art, Kickstarter, Issues, U S Court of Appeals, Ninth Circuit, Seuss

Ninth Circuit Affirms Denial of Coverage in Wrongful Death Action

    The Ninth Circuit affirmed the district court's granting of summary judgment to the insurer, agreeing there was no coverage for the defendant in a wrongful death action. National Fire & Marine Ins. Co. v. Hampton , 2020 U.S. App. 33215 (9th Cir. Oct 21, 2020).     The wrongful death compliant alleged, and the defendant doctor's plea agreement supported, that defendant wilfully violated federal controlled substances laws, and that this violation resulted in the death of Diana Hampton. The pr...
Tags: Insurance, Hampton, Ninth Circuit, Duty to Defend, Tred Eyerly, Diana Hampton, National Fire Marine Ins Co

United States: This Week At The Ninth: Secrets And Specialties - Morrison & Foerster LLP

This week, the Ninth Circuit resolves a novel question about continuing violations under the Defend Trade Secrets Act, and invalidates an agency's conclusion that computer programmers are not...
Tags: News, United States, Morrison, Ninth Circuit, Foerster LLP

United States: Ninth Circuit Credits Arbitration Clause And Class Action Waiver In Experian Advertising Suit - Proskauer Rose LLP

In a putative class action concerning Experian's marketing of its "Experian Credit Score" service, the Ninth Circuit recently affirmed a lower court order granting Experian's motion to compel...
Tags: News, United States, Experian, Ninth Circuit, Experian Advertising Suit Proskauer Rose LLP

NCAA v. Alston: Antitrust and Athlete Pay

Best sports of the season may actually be in the court — the Supreme Court.  The Supreme Court has agreed to hear the antitrust against the NCAA and ACC regarding payments to student athletes. National Collegiate Athletic Association v. Alston American Athletic Conference v. Alston The basic issue here is that big-sport colleges and their associations (NCAA, SEC, ACC, etc.) generate tremendous revenue while at the same time use horizontal agreements to force their athletes to remain amateur. Q...
Tags: Law, Ncaa, Patent, Alston, Ninth Circuit, National Collegiate Athletic Association, University of Oklahoma, Supreme Court The Supreme Court, Alston American Athletic Conference, NCAA SEC ACC

A Rare Case of a Judge Relying on the Initial Interest Confusion Doctrine (Boo)–Nike v. Warren Lotas

This case involves Warren Lotas sneakers that claimed to reinterpret one of Nike’s allegedly iconic sneaker stylings. The Fashion Law summarized the case, including this depiction: The sneaker similarities are obvious, which isn’t surprising because Warren Lotas styled its product as a “reinterpretation” of the original. The face-like design added to the swoosh is the primary and most visible difference, but there are numerous other minor differences throughout each design that I’m sure true a...
Tags: Law, Court, Marketing, Nike, Brookfield, Trademark, Ninth Circuit, Nike Inc, Westlaw, Warren Lotas, Initial Interest Confusion Doctrine Boo, Ninth Circuit in Brookfield Commc ns Inc, WL Pigeon, Warren WL Pigeon, WL Broccolini, Nike Swoosh

Via 6-3 per curiam ruling, SCOTUS reinstates Arizona death sentence after finding Ninth Circuit "clearly violated [its] AEDPA jurisprudence"

The US Supreme Court issued this lengthy order list this morning, though much of its length comes from the Court's 13-page per curiam decision in Shinn v. Kayer, No. 19-1302 (S. Ct. Dec. 14, 2020) (available here). The Kayer case results from a murder committed more than a quarter century ago which resulted in an Arizona death sentence. The SCOTUS decision, from which Justices Breyer, Sotomayor, and Kagan dissented but without any opinion, vacates a Ninth Circuit reversal of the death sentence. ...
Tags: Law, Court, Arizona, US supreme court, Court of Appeals, Ninth Circuit, Kagan, Richter, Harrington, Shinn, United States Court of Appeals, Douglas A Berman, Breyer Sotomayor, Kayer

United States: This Week At The Ninth: Trans Fat And Stolen Emails - Morrison & Foerster LLP

This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions...
Tags: News, United States, Morrison, Ninth Circuit, Foerster LLP

NSSF: Biden’s Gun Control Signal in Becerra Nomination

By Larry Keane Biden's nomination of CA AG Becerra is a bad omen for American's gun rights. IMG U.S.A. -( President-elect Joe Biden is taking an early turn to the far left with his nomination of California Attorney General Xavier Becerra to take over the Department of Health and Human Services. That nomination would put a firebrand gun control collaborator at the helm of the nation’s leading health organization delivering services and support of scientific advances ...
Tags: Guns, Congress, California, Joe Biden, House Of Representatives, Department Of Justice, Biden, Andrew Cuomo, California Supreme Court, Kamala Harris, Gavin Newsom, State, Benitez, U S Supreme Court, U S District Court, State Assembly

Déjà vu: California May-Issue Gun Licensing Results in Bribery Scandal

No rest for the wicked: California Lawmakers are back to their old, anti-gun tricks again. U.S.A. -( Stop us if you’ve heard this one before: Anti-gun jurisdiction maintains a restrictive may-issue firearm licensing scheme. Scheme results in alleged bribes for licenses scandal. On November 23, the Santa Clara County, Calif. District Attorney announced that a grand jury had indicted a county undersheriff and sheriff’s captain for “requesting bribes for concealed firearms (CCW) lic...
Tags: Apple, Guns, California, New York City, San Jose Sharks, Santa Clara, New York Police Department, Nra, Lichtenstein, U S Court of Appeals, Ninth Circuit, Santa Clara County, Mercury News, County of San Diego, Jeff Rosen, Gun Rights News

Hawaii Supreme Court Tackles Chain-of-Events Test in UM Claim

    In responding to a certified question from the Ninth Circuit, the Hawaii Supreme Court determined that a permissive user was entitled to uninsured motorist benefits under the chain of events test when injured by an uninsured motorist. State Farm Mut. Auto. Ins. Co. v. Mizuno, 2020 Haw. LEXIS 359 (Haw. Nov. 20, 2020).      Mizuno received permission from his girlfriend, Wong, to use her vehicle to deliver the couple's bills to the post office and to drive to work. After dropping of the bill...
Tags: Insurance, Hawaii, State Farm, Automobile, Wong, Ninth Circuit, Hawaii Supreme Court, Mizuno, Tred Eyerly, Hawaii Supreme Court Tackles Chain, Ninth Circuit the Hawaii Supreme Court, State Farm Mut Auto Ins Co, Mizuno State Farm, Further Mizuno

United States: This Week At The Ninth: Willfulness And Waterways - Morrison & Foerster LLP

This week, the Ninth Circuit came back from the Thanksgiving break with a bang, issuing three long-awaited en banc decisions in criminal and immigration cases.
Tags: News, United States, Morrison, Ninth Circuit, Foerster LLP

United States: FTC V. Qualcomm: Hypercompetitive Or Anticompetitive? - Proskauer Rose LLP

On August 11, 2020, in FTC v. Qualcomm, the U.S. Court of Appeals for the Ninth Circuit reversed a May 21, 2019 judgment by the U.S. District Court for the Northern District of California and...
Tags: News, United States, Qualcomm, Ftc, U S District Court, U S Court of Appeals, Ninth Circuit, Northern District of California, Proskauer Rose LLP

Canada: Ninth Circuit Holds That Whistleblower Allegations Qualify As Corrective Disclosure In Securities Class Action - Osler, Hoskin & Harcourt LLP

In re Bofl Holding, Inc. Securities Litigation [PDF], a decision released on October 8, 2020, the U.S. Court of Appeals for the Ninth Circuit (the "Ninth Circuit") concluded that allegations in...
Tags: News, Canada, U S Court of Appeals, Ninth Circuit, Osler Hoskin, Harcourt LLP, Ninth Circuit The Ninth Circuit, Bofl Holding Inc Securities Litigation

The Second Amendment Foundation Challenges Washington Gun-Control

The SAF, NRA, and two Washington state gun retailers challenge gun-control Initiative 1639 IMG iStock-648978888 U.S.A. -( Attorneys representing the Second Amendment Foundation, National Rifle Association, two Washington state gun retailers, and three private citizens have filed an appeal brief with the U.S. Ninth Circuit Court of Appeals in their challenge of gun control Initiative 1639, a measure adopted two years ago in the Evergreen State. The 45-page brief asserts I-1639 “in...
Tags: Guns, Washington, US, San Francisco, Atkins, Seattle, Tacoma, Mitchell, Spokane, IMG, Ninth Circuit, The Foundation, U S Ninth Circuit Court of Appeals, Second Amendment Foundation, Gun Rights News, Second Amendment Foundation SAF

512(f) Claim Against Robo-Notice Sender Can Proceed–Enttech v. Okularity

Okularity “represents” several photography clearinghouses. This means that Okularity’s robots scour the Internet looking for clearinghouse photos and then send automated takedown notices for alleged infringements. “Okularity waits until the notices accumulate to the point when a social media platform disables the infringer’s account before contacting the purported infringer to initiate settlement negotiations.” In this case, the target was the magazine Paper, and Okularity filed 48 takedown noti...
Tags: Amazon, Instagram, Law, Copyright, Dmca, Johnson, Smith, Crossfit, Vodka, Usc, Viacom, Automattic, Shropshire, Umg, Dod, Amaretto

NRA Continues the Fight Against I-1639 in the Court of Appeals

In 2018, Washington voters passed I-1639, which banned the sale of semi-automatic rifles to 18-to-20-year old adults. IMG NRA-ILA U.S.A. -( In 2018, Washington voters passed I-1639, which banned the sale of semi-automatic rifles to 18-to-20-year old adults and to out of state residents—even transfers through FFLs in the buyer’s state. The NRA and Second Amendment Foundation joined forces and challenged I-1639 in 2018. The court rejected Washington’s Motion to Dismiss our lawsuit ...
Tags: Guns, Washington, Nra, Court of Appeals, IMG, Ninth Circuit, Second Amendment Foundation, Gun Rights News, NRA-ILA, Institute for Legislative Action ILA, National Rifle Association of America ILA, ILA

United States: The Ninth Circuit's Booker Decision - Reed Smith

The decision in In re Bard IVC Filters Products Liability Litigation, 969 F.3d 1067 (9th Cir. 2020) ("Booker"),
Tags: News, United States, Reed Smith, Ninth Circuit

Dueling Dinosaurs Find Scientific Community, Despite Near Fossilization Of Legal Case

It is hard to understate the scientific value of the find.
Tags: Law, Montana, Finance, Fossils, Ninth Circuit, Jonathan Wolf, Dueling Dinosaurs

Court Sends Wyze Labs Privacy Suit to Arbitration

Wyze provides home security monitoring and cameras. (They have a range of “smart home” products.) Plaintiffs sued Wyze on behalf of a putative class alleging that Wyze failed to safeguard their personal information. Wyze moved to compel arbitration. The court grants the motion. The court notes there’s not a wealth of authority in Washington state dealing with online agreements, but the cases “have consistently upheld arbitration provisions contained in clickwrap agreements.” Plaintiffs took ...
Tags: Facebook, Law, Washington, Comcast, Zappos, 23andMe, James, Privacy/security, Schwartz, Eric, Barnes, Hoffman, Ninth Circuit, Tompkins, Nguyen, Plaintiffs