#legal-precedent

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Crunch Time in DOJ v. Google: An Ad Tech Market Definition Cluster?

The DOJ's ability to prove Google's monopoly power depends on defining the relevant ad tech markets appropriately.
#human-rights

Kenya's President Wades Into Meta Lawsuits

Big Tech companies could face legal accountability in Kenya for outsourcing labor violations.
The ongoing lawsuits may influence the future of workers' rights in the tech industry in Kenya.

European court rules on cases seeking to force countries to meet climate goals

The European Court of Human Rights ruled that member nations must protect citizens from climate change effects.
The court's judgments will have a significant impact on future climate change-related lawsuits in the Council of Europe's member states.

Top Europe rights court to issue landmark climate verdicts

The European Court of Human Rights will rule on whether governments' climate change policies violate human rights.
This could set a legal precedent and establish new fundamental rights regarding a stable climate.

Kenya's President Wades Into Meta Lawsuits

Big Tech companies could face legal accountability in Kenya for outsourcing labor violations.
The ongoing lawsuits may influence the future of workers' rights in the tech industry in Kenya.

European court rules on cases seeking to force countries to meet climate goals

The European Court of Human Rights ruled that member nations must protect citizens from climate change effects.
The court's judgments will have a significant impact on future climate change-related lawsuits in the Council of Europe's member states.

Top Europe rights court to issue landmark climate verdicts

The European Court of Human Rights will rule on whether governments' climate change policies violate human rights.
This could set a legal precedent and establish new fundamental rights regarding a stable climate.
morehuman-rights
#supreme-court

Supreme Court Rejects Challenge to Life Sentences for Juveniles in Arizona

The Supreme Court declined to hear an appeal from a juvenile offender in Arizona sentenced to life without parole, with potential implications for other cases.

Supreme Court rejects challenge to Hawaii gun licensing rules for now

The Supreme Court declined to intervene in a Hawaii case regarding gun rights, emphasizing the need for clearer Second Amendment protections.

First Transgender Attorney to Argue Before Supreme Court Will Argue Trans Healthcare Case Wednesday

Chase Strangio is the first trans attorney to argue a case before the Supreme Court, challenging a Tennessee law banning gender-affirming care for youth.

The First Out Trans Lawyer to Argue Before the Supreme Court Is Feeling the Pressure

The Supreme Court case U.S. v. Skrmetti could set landmark legal precedents for LGBTQ rights, particularly for transgender youth access to care.

Supreme Court's Overturning of Chevron Is a Massive Power Grab

The Supreme Court's decisions in Dobbs and Loper Bright signal a shift away from respecting precedent and towards judges asserting greater authority over agency decisions.

When The Stars Don't Align For Justices Kavanaugh And Roberts

Chief Justice John Roberts emphasized the historical significance and implications of prosecuting a former president, asserting the need to carefully assess executive power.

Supreme Court Rejects Challenge to Life Sentences for Juveniles in Arizona

The Supreme Court declined to hear an appeal from a juvenile offender in Arizona sentenced to life without parole, with potential implications for other cases.

Supreme Court rejects challenge to Hawaii gun licensing rules for now

The Supreme Court declined to intervene in a Hawaii case regarding gun rights, emphasizing the need for clearer Second Amendment protections.

First Transgender Attorney to Argue Before Supreme Court Will Argue Trans Healthcare Case Wednesday

Chase Strangio is the first trans attorney to argue a case before the Supreme Court, challenging a Tennessee law banning gender-affirming care for youth.

The First Out Trans Lawyer to Argue Before the Supreme Court Is Feeling the Pressure

The Supreme Court case U.S. v. Skrmetti could set landmark legal precedents for LGBTQ rights, particularly for transgender youth access to care.

Supreme Court's Overturning of Chevron Is a Massive Power Grab

The Supreme Court's decisions in Dobbs and Loper Bright signal a shift away from respecting precedent and towards judges asserting greater authority over agency decisions.

When The Stars Don't Align For Justices Kavanaugh And Roberts

Chief Justice John Roberts emphasized the historical significance and implications of prosecuting a former president, asserting the need to carefully assess executive power.
moresupreme-court
#federal-circuit

Federal Circuit Slices Through Patent Infringement Verdict: A Damage Apportionment Preview

The Federal Circuit's decision emphasizes stricter evidentiary requirements for patent royalty determinations, potentially disadvantaging patent holders in future litigations.

Federal Circuit Grants En Banc Rehearing in EcoFactor v. Google, Limiting Damages Expert Testimony

The Federal Circuit is reevaluating expert testimony on patent damages, a significant case impacting the patent community and damages awards.
The case could limit damages theories in patent cases, enhancing judicial control over jury-awarded damages.

Appellate Standing to Challenge ITC Dismissal

Koki advanced its legal position despite losing the appeal because Kyocera's promise not to sue forced clarification of patent rights.

The Federal Circuit's Blind Spot: ParkerVision and the Problem of Invisible Reasoning

The Federal Circuit's Rule 36 practice undermines accountability and violates statutory requirements for written opinions in patent case appeals.

In Win for Amazon, CAFC Okays Alice Step Two Inquiry at Alice Step One

The CAFC affirms that certain patents related to metadata and video organization are abstract under the Alice framework.

Federal Circuit Slices Through Patent Infringement Verdict: A Damage Apportionment Preview

The Federal Circuit's decision emphasizes stricter evidentiary requirements for patent royalty determinations, potentially disadvantaging patent holders in future litigations.

Federal Circuit Grants En Banc Rehearing in EcoFactor v. Google, Limiting Damages Expert Testimony

The Federal Circuit is reevaluating expert testimony on patent damages, a significant case impacting the patent community and damages awards.
The case could limit damages theories in patent cases, enhancing judicial control over jury-awarded damages.

Appellate Standing to Challenge ITC Dismissal

Koki advanced its legal position despite losing the appeal because Kyocera's promise not to sue forced clarification of patent rights.

The Federal Circuit's Blind Spot: ParkerVision and the Problem of Invisible Reasoning

The Federal Circuit's Rule 36 practice undermines accountability and violates statutory requirements for written opinions in patent case appeals.

In Win for Amazon, CAFC Okays Alice Step Two Inquiry at Alice Step One

The CAFC affirms that certain patents related to metadata and video organization are abstract under the Alice framework.
morefederal-circuit
#trump

Ending Birthright Citizenship Is Harder Than It Sounds

Trump proposes ending birthright citizenship for children of undocumented immigrants, planning to sign an executive order on his first day in office.

Morning Docket: 11.20.24

Prosecutors prepare for a defense that could make state crimes irrelevant if a convict wins a national election, raising significant legal implications.

Ending Birthright Citizenship Is Harder Than It Sounds

Trump proposes ending birthright citizenship for children of undocumented immigrants, planning to sign an executive order on his first day in office.

Morning Docket: 11.20.24

Prosecutors prepare for a defense that could make state crimes irrelevant if a convict wins a national election, raising significant legal implications.
moretrump

New York Times Takes European Commission to Court Over Covid Vaccine Deal

The New York Times is suing the European Commission for access to text messages related to the Covid-19 vaccine deal negotiations with Pfizer.

Ex-fiancee must return $70K ring after failed engagement, court says

The Massachusetts Supreme Judicial Court established that engagement rings must be returned to the buyer if the wedding falls through, regardless of fault.
#reproductive-rights

Montanans vote to codify abortion access in the state constitution

Montanans have enshrined reproductive rights in their constitution, a significant development amidst ongoing national debates on abortion access.

'Our son died. Now we can use his sperm to have a grandchild'

A couple in India won the right to access their deceased son's frozen semen for surrogacy, allowing them to continue his legacy.

Montanans vote to codify abortion access in the state constitution

Montanans have enshrined reproductive rights in their constitution, a significant development amidst ongoing national debates on abortion access.

'Our son died. Now we can use his sperm to have a grandchild'

A couple in India won the right to access their deceased son's frozen semen for surrogacy, allowing them to continue his legacy.
morereproductive-rights
#first-amendment

4th Circuit Shoots Down 'Unite The Right' Protester's Attempt To Turn The Consequences Of His Own Actions Into A Constitutional Violation

The First Amendment does not protect speech during violent protests, and police are not obligated to uphold protester rights in such circumstances.

Porn Sites Need Age-Verification Systems in Texas, Court Rules

Texas can enforce age-verification systems on porn websites while excluding health warnings provision.
Appeals court found age-verification requirement legitimate in preventing minors' access to pornography, not violating the First Amendment.

4th Circuit Shoots Down 'Unite The Right' Protester's Attempt To Turn The Consequences Of His Own Actions Into A Constitutional Violation

The First Amendment does not protect speech during violent protests, and police are not obligated to uphold protester rights in such circumstances.

Porn Sites Need Age-Verification Systems in Texas, Court Rules

Texas can enforce age-verification systems on porn websites while excluding health warnings provision.
Appeals court found age-verification requirement legitimate in preventing minors' access to pornography, not violating the First Amendment.
morefirst-amendment
#cybercrime

UK man gets 18 years in prison for using AI to generate CSAM

Hugh Nelson received an 18-year prison sentence for creating AI-manipulated child sexual abuse material, marking a significant legal precedent in the UK.

Man Imprisoned for 18 Years for Using AI to Do Disgusting Thing to Photos of Children

A man was sentenced to 20 years for creating AI-generated child sexual abuse images, setting a legal precedent in the UK.

UK man gets 18 years in prison for using AI to generate CSAM

Hugh Nelson received an 18-year prison sentence for creating AI-manipulated child sexual abuse material, marking a significant legal precedent in the UK.

Man Imprisoned for 18 Years for Using AI to Do Disgusting Thing to Photos of Children

A man was sentenced to 20 years for creating AI-generated child sexual abuse images, setting a legal precedent in the UK.
morecybercrime

In legal first, Japan convicts man of abusing AI to generate ransomware

Ryuki Hayashi is the first person in Japan convicted for crimes involving generative AI, receiving a suspended sentence for creating a computer virus.
#environmental-rights

Ontario's top court to release decision in landmark youth-led climate case | CBC News

Ontario's top court could define youth-led climate litigation, impacting future policies on climate action and constitutional rights.

Europe's top rights court to rule on landmark climate change cases

The European Court of Human Rights is set to rule on whether governments' climate change policies violate the European Convention on Human Rights.
The court's ruling on these cases could potentially set a crucial legal precedent and establish new fundamental rights related to climate stability.

Ontario's top court to release decision in landmark youth-led climate case | CBC News

Ontario's top court could define youth-led climate litigation, impacting future policies on climate action and constitutional rights.

Europe's top rights court to rule on landmark climate change cases

The European Court of Human Rights is set to rule on whether governments' climate change policies violate the European Convention on Human Rights.
The court's ruling on these cases could potentially set a crucial legal precedent and establish new fundamental rights related to climate stability.
moreenvironmental-rights

Australia: Man convicted for performing outlawed Nazi salute DW 10/08/2024

Jacob Hersant becomes the first person convicted for performing an illegal Nazi salute in Victoria, showcasing laws against hate symbols in Australia.

Treading Carefully: Federal Circuit Expands "Absolute Litigation Privilege" and Affirms Trade Dress Invalidity in Toyo Tire v. Atturo Tire

The Federal Circuit emphasized the importance of 'absolute litigation privilege' in defamation cases related to court statements.
The decision reiterates that trade dress protection is limited to non-functional design elements.

The Enduring Impact of In re Keller on Obviousness Analysis

Keller continues to be a key precedent in obviousness determinations in patent law, influencing USPTO's examiner rejections against applicants.

This is who should get the engagement ring after a breakup, readers say

The engagement ring ownership dispute highlights a legal precedent and ongoing debate on commitment and financial aspects in relationships.

North Dakota Judge Strikes Down the State's Abortion Ban

The North Dakota judge's ruling reaffirms the right to access abortion before fetal viability, despite existing state laws and clinic availability.
#parental-responsibility

Parents of teen driver who killed girl in high-speed crash are sentenced for manslaughter

Parents sentenced after son's fatal crash; legal precedent set.

Parental liability questioned after father of Georgia shooter arrested

Growing accountability for parents in school shootings may lead to stricter legal repercussions for negligence regarding children's access to firearms.

Parents of teen driver who killed girl in high-speed crash are sentenced for manslaughter

Parents sentenced after son's fatal crash; legal precedent set.

Parental liability questioned after father of Georgia shooter arrested

Growing accountability for parents in school shootings may lead to stricter legal repercussions for negligence regarding children's access to firearms.
moreparental-responsibility
#gun-violence

Georgia Tests a Novel Tactic in School Shootings: Putting Parents on Trial

The prosecution of parents in mass shootings aims to hold them accountable and reduce youth gun violence.

In historic case, father of 14-year-old school shooting suspect charged with murder

Father charged with second-degree murder for son's school shooting, a historic legal move.
There were multiple warning signs regarding the son's mental health and access to firearms.

Georgia Tests a Novel Tactic in School Shootings: Putting Parents on Trial

The prosecution of parents in mass shootings aims to hold them accountable and reduce youth gun violence.

In historic case, father of 14-year-old school shooting suspect charged with murder

Father charged with second-degree murder for son's school shooting, a historic legal move.
There were multiple warning signs regarding the son's mental health and access to firearms.
moregun-violence
#transgender-rights

Transgender woman Roxanne Tickle wins discrimination case after being banned from women-only Giggle for Girls app

A transgender woman won a landmark gender discrimination case against a women-only app, establishing that sex is changeable under the law.

11th Circuit Rules Trans Health Insurance Exclusions Violate Civil Rights Act

A significant precedent is being set to protect trans employees from health insurance restrictions.

Federal Judge Rules FL Teacher No Longer Has to Be Referred to by Wrong Pronouns

A federal judge ruled in favor of a transgender teacher's right to use her preferred pronouns in the classroom.
The decision sets a precedent for similar cases and challenges against laws restricting pronoun usage based on gender identity.

Transgender woman Roxanne Tickle wins discrimination case after being banned from women-only Giggle for Girls app

A transgender woman won a landmark gender discrimination case against a women-only app, establishing that sex is changeable under the law.

11th Circuit Rules Trans Health Insurance Exclusions Violate Civil Rights Act

A significant precedent is being set to protect trans employees from health insurance restrictions.

Federal Judge Rules FL Teacher No Longer Has to Be Referred to by Wrong Pronouns

A federal judge ruled in favor of a transgender teacher's right to use her preferred pronouns in the classroom.
The decision sets a precedent for similar cases and challenges against laws restricting pronoun usage based on gender identity.
moretransgender-rights

Chrystul Kizer sentenced to 11 years for killing her sex trafficker

Kenosha judge sentences Chrystul Kizer, a sex trafficking survivor, to 11 years in prison for killing her trafficker, testing legal defenses for similar cases.

What a Dubai Court Ordering a Company to Pay Its Employee in Crypto Means

Dubai court legitimizes salary payment in crypto via employment contract, but details remain unclear regarding broader applicability.

The police can't track your cellphone without a warrant, judge rules

The use of StingRay technology without a warrant is unconstitutional, as ruled by a Manhattan federal judge, highlighting privacy concerns in surveillance.

Government drops appeal over climate activist who held sign outside UK court

Jurors' right to acquit based on conscience has been formally recognized, vital for a functioning democracy.

No Showing of Prejudice Required to Argue Waiver of Right to Arbitration

Recent California Supreme Court ruling favors employees in arbitration disputes, especially when employers delay enforcing agreements.
#google

The Google Antitrust Ruling Could Influence Tech Competition

A landmark ruling in a Google antitrust case, akin to the Microsoft case in 2000, may shape new rules for the tech industry, impacting giants like Google, Apple, Amazon, and Meta.

Tech Industry Braces as Google Antitrust Trial Closes

The U.S. vs. Google antitrust trial will impact the tech giant's operations and potentially set a legal precedent for other tech companies.

The Google Antitrust Ruling Could Influence Tech Competition

A landmark ruling in a Google antitrust case, akin to the Microsoft case in 2000, may shape new rules for the tech industry, impacting giants like Google, Apple, Amazon, and Meta.

Tech Industry Braces as Google Antitrust Trial Closes

The U.S. vs. Google antitrust trial will impact the tech giant's operations and potentially set a legal precedent for other tech companies.
moregoogle

Delaware Judge Questions Tesla About Vote on Elon Musk's Tesla Pay

Delaware judge questions legality of Tesla's vote on Elon Musk's $55 billion pay package post rejection.

Merrick Garland Thinks He's Way Smarter Than Aileen Cannon

Referring to Merrick Garland as Justice Garland highlights his expertise and contrast with less experienced judges.

The DOJ makes its first known arrest for AI-generated CSAM

CSAM generated by AI is illegal and punishable under the law.
#us-supreme-court

During Watergate, the Supreme Court spoke with one voice. Can it do the same in Trump's case?

The U.S. Supreme Court ruled unanimously in 1974 that the president is not above the law, setting a precedent for accountability and justice in the White House.

Supreme Court Will Hear Challenge to Idaho's Near-Total Abortion Ban

The U.S. Supreme Court is to rule on whether Idaho's near-total abortion ban conflicts with the federal Emergency Medical Treatment and Labor Act (EMTALA).

During Watergate, the Supreme Court spoke with one voice. Can it do the same in Trump's case?

The U.S. Supreme Court ruled unanimously in 1974 that the president is not above the law, setting a precedent for accountability and justice in the White House.

Supreme Court Will Hear Challenge to Idaho's Near-Total Abortion Ban

The U.S. Supreme Court is to rule on whether Idaho's near-total abortion ban conflicts with the federal Emergency Medical Treatment and Labor Act (EMTALA).
moreus-supreme-court

How Mark Scarsi Post Hoc Dismantled Abbe Lowell's Juicy Timeline - emptywheel

Judge Mark Scarsi's denials of Hunter Biden's motions were in line with precedent and expectations.
Scarsi's rulings indicate a cautious and precedent-based approach to legal decisions.

Miami-Dade police facing excessive force, wrongful death accusations

Miami-Dade police officers facing allegations in excessive force and wrongful death lawsuit from 2014 tasing incident.
Federal appeals court overturned summary judgment, allowing pursuit of claims against officers.
Court highlights the importance of considering evidence collectively while evaluating excessive force allegations.

Rutgers unions sued over strike; case seeks national impact

Rutgers student sues unions for week of education lost due to strike
Lawsuit seeks $150 million in damages and national impact on union strikes in higher education.

EFF to Ninth Circuit: There's No Software Exception to Traditional Copyright Limits

Courts should not expand the reach of copyright unnecessarily, as this can hinder adversarial interoperability.
The ruling in Oracle v. Rimini sets a dangerous precedent for considering software as derivative work based on interoperability alone.

Opinion: Past victories to protect queer kids at school aren't enough

Pat Logue's legal work at Lambda Legal was crucial in advancing LGBTQ+ rights.
Nabozny vs. Podlesny in 1996 set a precedent for challenging antigay violence in schools.

Supreme Court rules Trump has immunity for official acts in Jan. 6 case

The U.S. Supreme Court grants ex-presidents immunity for certain in-office actions, rejecting judicial denial of Trump's protection from criminal charges regarding his 2020 election-related actions.
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