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This was kind of a slow week for our Daily Summary writers, but we did have a blockbuster from the 9th Circuit Court of Appeals: Perry v. Brown.  This case involved Proposition 8, which amended the California state constitution to eliminate the right of same-sex couples to marry. The 9th Cir. chose to address the constitutionality of Prop. 8 and declined to address the broader question of whether same-sex couples had the right to marry. As a preliminary matter, the 9th Cir. held that proponents of the ballot measure had standing.  The 9th Cir. held that Prop. 8 was unconstitutional because it violated the Equal Protection Clause by targeting a minority group and withdrawing a right that the group possessed without a legitimate reason for doing so. The court also affirmed the denial of a motion to vacate former Chief Judge Walker on the basis of his purported interest in being allowed to marry his same-sex partner.

The mainstream media extensively covered this case — for more information, check out the New York Times article.


Posted in: Legal News
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PayPal was hit with a class-action lawsuit today alleging that the company violated a federal communications law by sending consumers unsolicited text messages.

The lawsuit charges PayPal with violating the Telephone Consumer Protection Act, a federal law designed to protect consumers from unwarranted, unsolicited phone communication from automatic telephone dialing systems (read the lawsuit below).


Tagged: text
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The Federal Trade Commission announced Monday that it warned six (6) mobile app “marketers” that their background screening products may violate the Fair Credit Reporting Act if the makers of the products had reason to believe the reports generated by these products were being used for employment screening, housing, credit, or related purposes.

Yesterday’s press release (see PDF below) however, did not list the names of the either the companies marketing the apps, nor the names of any mobile applications over which the FTC expressed concern.

Repeated inquiries by Justia to the FTC, however, apparently prompted the agency to name them today.


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Proposition 8 (‘Prop 8’), the California voter amendment that sought to ban same-sex marriages in the state is unconstitutional, the U.S. Court of Appeals for the Ninth Circuit ruled in a 128-page opinion issued this morning.

You can read the complete decision below:


Posted in: Legal News
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Here are some of last week’s highlights from our Daily Opinion Summaries writers.

US v. Strandhof, US Ct. App. 10th Cir., 1/27/12
The 10th Circuit Court of Appeals upheld the Stolen Valor Act (18 U.S.C. 704(b)) which makes it illegal to falsely claim to have received a military award or honor. The district court found that appellant’s false claims to a Purple Heart, Silver Star, and rank of Marine Corps captain were protected by the First Amendment, but the 10th Circuit relied on SCOTUS precedent to overturn that ruling.


Posted in: Legal News
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The Federal Communications Commission (‘FCC’) ruled today that anti-abortion activist Randall Terry (inset, right) failed to show “that he is a legally qualified” presidential candidate entitled to “reasonable” broadcast TV access in Illinois.

Even if he was, the FCC concluded, Chicago NBC affilate WMAQ did not act unreasonably when it refused to sell him air time to run ads on Super Bowl Sunday (Read the decision below).


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In pre-Super Bowl style, prosecutors charged a Michigan man with criminal copyright violations for allegedly operating nine (9) websites chock full of pirated sports broadcast videos (read the complaint below).

Separately, federal agents also seized a purported $4.8 million in knock-off Super Bowl merchandise imported into the U.S.

The U.S. Attorney’s message? Don’t risk any high-tech copyright shenanigans with unauthorized streams of this Sunday’s Super Bowl XLVI.


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Today, Facebook, Inc. filed a Form S-1 Registration Statement [PDF] with the U.S. Securities and Exchange Commission in preparation for its initial public offering. Here are some observations from reading this interesting filing.

Billion with a B. Companies that manufacture and sell tangible products are easy to understand. For a company like Facebook, you may be scratching your head wondering if they are making any money at all. In 2011, Facebook reported $1 billion in net income from $3.7 billion in revenue.


Posted in: Social Media
Tagged: facebook
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Here is a rundown of January’s highest scoring lawyers on Justia Legal Answers, along with a look at which Justia Dockets legal filings and Facebook posts readers viewed the most.

Justia Legal Answers’ Top 10 Legal Answerers for January 2012

  1. Jeffrey Moore, 3050 points, 61 answers
  2. Brian D. Lerner, 1,395 points, 33 answers
  3. Andrew Bresalier, 1,100 points, 36 answers
  4. David Philip Shapiro 980 points, 20 answers
  5. Don Richardson, 360 points, 8 answers
  6. Paula Jeanette McGill, 350 points, 7 answers
  7. Scott Charles MacCabe 350 points, 7 answers
  8. Terrence Rubino, 325 points, 7 answers
  9. Jason F. Barnes, 300 points, 6 answers
  10. Kathryn L. Hudson, 200 points, 4 answers


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GOP candidate Newt Gingrich and his campaign were sued for copyright infringement in federal court yesterday for reportedly playing the band Survivor‘s “Eye of the Tiger” song at Gingrich campaign events, but without obtaining rights to do so (Read the lawsuit below).

Plaintiff Rude Music, Inc. is a music publishing company created by Survivor band member Frank M. Sullivan, III, and holder of rights to the song.

The defendants have some explaining to do, especially since Gingrich argued at a recent South Carolina GOP debate that copyright holders should sue to protect their intellectual property rights: