Seaton v. TripAdvisor, US 6th Cir. (8/28/13) Communications Law, Constitutional Law, Injury Law, Internet Law Grand Resort, which has operated in the Great Smoky Mountains since 1982, claims that TripAdvisor’s publication of a survey that concluded that Grand Resort was the dirtiest hotel in America caused irreparable damage to its…
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Shore v. Maple Lane Farms, LLC, Tennessee Supreme Court (8/19/13) Agriculture Law, Injury Law, Zoning, Planning & Land Use Certain amplified music concerts were conducted on farm land in a rural county. The county board of zoning appeals later ordered the business owners who hosted the concerts to limit the…
Seltzer v. Green Day, Inc., et al., US 9th Cir. (8/7/13) Copyright, Intellectual Property, Trademark Plaintiff filed suit against Green Day and others, alleging violations of the Copyright Act, 17 U.S.C. 101 et seq., and the Lanham Act, 15 U.S.C. 1051 et seq., because Green Day used plaintiff's illustration, "Scream…
Brown v. Electronic Arts, Inc., US 9th Cir. (7/31/13) Civil Rights, Constitutional Law, Consumer Law, Entertainment & Sports Law, Intellectual Property, Trademark Retired Hall of Fame football player, James "Jim" Brown, filed suit against EA, alleging that EA violated section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), through the…
Hobbs v. John, U.S. 7th Cir. (7/17/13) Copyright, Entertainment & Sports Law In 1982 Hobbs was working as a photographer on a Russian cruise ship where he had a brief affair with a Russian waitress. Based on the experience, he wrote a song, “Natasha” about an ill-fated romance between a…
This week’s legal news was dominated by four highly anticipated opinions that came down from the United States Supreme Court on affirmative action, voting rights and marriage equality. That said, our writers also found a few other opinions of note to include in their weekly picks. United States Supreme Court…
Assoc. for Molecular Pathology v. Myriad Genetics, Inc., United States Supreme Court (6/13/13) Drugs & Biotech, Patents Myriad obtained patents after discovering the precise location and sequence of the BRCA1 and BRCA2 genes, mutations of which can dramatically increase the risk of breast and ovarian cancer. The discovery enabled Myriad…
Maryland v King, United States Supreme Court (6/3/13) Civil Rights, Constitutional Law, Criminal Law After his arrest on first- and second-degree assault charges, King was processed through a Wicomico County, Maryland, facility, where personnel used a cheek swab to take a DNA sample pursuant to the Maryland DNA Collection Act…
Comcast Cable Communications, LLC v. FCC, et al, U.S. D.C. Cir. (5/28/13) Communications Law Tennis Channel, a sports programming network and intervenor in this suit, filed a complaint against Comcast Cable, a multichannel video programming distributor (MVPD), alleging that Comcast violated section 616 of the Communications Act of 1934, 47…
Metrish v. Lancaster, United States Supreme Court (5/20/13) Civil Rights, Constitutional Law, Criminal Law In 1993, Lancaster, a former police officer with a long history of severe mental-health problems, killed his girlfriend. At his jury trial in Michigan state court, Lancaster asserted a defense of diminished capacity. Under then-prevailing Michigan…