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Jake Wunsch

The Supreme Court held that opinions designated as drafts by an agency are protected from disclosure under Exemption 5 of the federal Freedom of Information Act, even when they serve as an agency’s last word on a proposed course of action.

Mar 2021

SCOTUS Sides with Fish & Wildlife Service in FOIA Battle

The Supreme Court held that opinions designated as drafts by an agency are protected from disclosure under Exemption 5 of the federal Freedom of Information Act, even when they serve as an agency’s last word on a proposed course of action.

Mar 2021

PA High Court Upholds Gag Order Forbidding Mother from Speaking Her Own Name

The Pennsylvania Supreme Court, in the face of a powerful dissent, upheld a stunningly capacious gag order last December.

Mar 2021

Supreme Court Confirms That Nominal Damages Prevent Claims from Being Moot

The Supreme Court ruled that a plaintiff’s request for nominal damages—a claim for one dollar or a similar, small sum—satisfies the redressability requirements of Article III standing and prevents a plaintiff’s lawsuit from becoming moot.

Mar 2021

When Copyright Met Cryptocurrency: A Conversation About NFTs

MLRC deputy director thinks through non-fungible tokens.

Mar 2021

Sixth Circuit Clarifies When Online Marketplaces Can and Can’t Be Liable for Direct Trademark Infringement

The court held that direct trademark liability is limited by the Lanham Act’s requirement that the defendant “use” the mark in a way the Act prohibits, and as a result “some trademark-infringing activity does not create liability.”

Mar 2021

King Takes Rook: Eleventh Circuit Affirms Summary Judgment for Dark Tower

The suit raised the typical array of copyright issues relating to such matters as ownership, access, and substantial similarity of protectible expression. Complicating those issues were the long passage of time between creation of the works and the claim of infringement.

Mar 2021

Second Circuit “Clarifies” (Restores?) Law Governing Fair Use

The court not only reversed pretty much the entirety of the extensive decision of the SDNY judge under review but it came close to disowning one of its own most important (and controversial) recent fair use precedents.

Mar 2021

It’s Just a Parking Space, Gentlemen

A New York County Supreme Court judge has rendered the latest decision in the two-year old saga (and defamation case) of Cieszkowski v. Baldwin. The case is familiar to most New Yorkers, as the defendant is Alec Baldwin.

Mar 2021

Seattle Times Wins Summary Judgment in Surgeon’s Libel Suit

A federal judge in Seattle has granted summary judgment and dismissal of a $26 million defamation lawsuit brought by neurosurgeon Dr. Johnny Delashaw against The Seattle Times.

Mar 2021

Gannett Wins Summary Judgment on Defamation by Hyperlink Claim

Sometimes a hyperlink is the last word in a defamation case.