Jake Wunsch
This decision appears to be the first in federal court to apply the revised New York anti-SLAPP statute in a case not involving a public figure.
New York Federal Court “SLAPPS” #MeToo Defamation Claims
This decision appears to be the first in federal court to apply the revised New York anti-SLAPP statute in a case not involving a public figure.
Judge Orders Release Under FOIA of Report on Sexual Abuse of Children at Federal Health Agency
In consolidated cases brought by The New York Times and The Wall Street Journal, a federal magistrate judge has ordered the federal government to make public a contractor’s report about mismanagement at the Indian Health Service that allowed a doctor to sexually abuse children for more than two decades.
From the Executive Director’s Desk: An MLRC Trivia Quiz for the Start of Spring
As vaccinations increase and the warmth of Spring begin to envelop us, I thought it was time for a lighter column.
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.
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.
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.
When Copyright Met Cryptocurrency: A Conversation About NFTs
MLRC deputy director thinks through non-fungible tokens.
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.”
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.
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.