Litigation Commons^™

Internet Regulation—Second Circuit Follows Majority Of Courts In Broad Application Of Communications Decency Act Immunity—Force V. Facebook, Inc., 934 F.3d 53 (2d Cir. 2019), Alison Eleey

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Diana Hurtado

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

[Redacted] Addressing The Disclosure Of Medical Conditions, Mental Health Treatment, And Substance Abuse History In The Online Publication Of Court Documents In Massachusetts, Diana Hurtado

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Fourth Amendment Community Caretaking Exception Analysis Against The Community—Caniglia V. Strom, 953 F.3d 112 (1st Cir. 2020), Bianca Tomassini

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

In Sickness And In Health . . . And Even On The Stand: Analyzing Circuit Split Regarding The Adoption Or Rejection Of The Joint Participation Exception And Its Future In Litigation, Margaret Quick

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law—Extortion Or Public Policy, Where Do We Draw The Line?: First Circuit Finds Hobbs Act Extortion May Apply To The Actions Of Two Boston City Hall Officials—United States V. Brissette, 919 F.3d 670 (1st Cir. 2019), Alexis Soares

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Trademark Law—Looking Out For The Big Guys: Outdated Precedent Reveals The Need For New Legal Test In Fortnite Likeness Case—Pellegrino V. Epic Games, Inc., 451 F. Supp. 3d 373 (E.D. Pa. 2020), Nam Le

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Defensive Patent Litigation Strategy For Chinese Companies: A Review Of The Extraterritorial Reach Of The United States Patent Laws, Lisa D. Zang

Fordham Intellectual Property, Media and Entertainment Law Journal

China has experienced an extraordinary transformation from a poor, developing nation into a global economic power. With China becoming one of the U.S.’s largest trading partners, however, Chinese companies have become increasingly enmeshed in U.S. patent litigations. Although the U.S. patent laws are intended only to govern conduct within the nation’s borders, the line between domestic and foreign economic activities has become increasingly blurred. Modern sales transactions often span multiple countries, and in such situations, it may not be clear whether the U.S. patent laws apply. For Chinese companies facing exposure to U.S. patent litigations, it is critical to understand …

Reducing Election Litigation, Derek T. Muller

Journal Articles

Election litigation has exploded, and judges have increasingly been asked to evaluate ever-finer points of election administration. This Article posits some reasons that the judiciary has done so, and it offers potential ways to reduce election litigation.

Part I examines the increase in litigation and attributes at least some of that increase to several causes: increased campaign expenditures on litigation; increased partisanship in state legislatures yielded more contentious election laws; the decline of preclearance under the Voting Rights Act after Shelby County v. Holder; and Supreme Court extensions of the Anderson v. Celebrezze framework to broad areas of election …

Rethinking Appeals, Uri Weiss

Touro Law Review

This paper makes the point that a court decision that is open to an appeal is akin to a take-it-or-leave-it settlement proposal for both parties. For the case to not be appealed, both parties need to “take,” i.e., accept, this proposal. Thus, on one hand, if both parties cannot achieve a settlement by themselves, they usually benefit from the right to appeal. On the other hand, a right to appeal activates the regressive effects that characterize settlements, which also applies to lower-court decisions. For example, legal uncertainty has a regressive effect on lower-court decisions: if the judge wishes to block …

Protest Art And Copyright Law: Weaponizing Intellectual Property Against Systemic Inequality And Social Injustice, Alina Ladyzhinskaya

Touro Law Review

The death of George Floyd ignited a powerful modern-day Civil Rights movement that spread across the globe. While some protesters took to the streets to demand change, creators amplified the message of hope and unity through protest street art. Murals of police brutality victims like George Floyd, Breonna Taylor, and Ahmaud Arbery, among many others, appeared in most large cities in the United States and were widely spread on social media. From cave art to modern protest street art, graffiti continues to be a generational medium of expression of the human experience. However, while a handful of artists like Banksy, …

The Billion Dollar Industry That Has Never Paid Its Money-Makers: The Ncaa’S Attempt At Compensation Through Names, Images And Likeness, Christopher Palmieri

Touro Law Review

The National Collegiate Athletic Association (“NCAA”) has regulated collegiate sports for over one hundred years. The NCAA has long relied upon the principle of amateurism to prohibit college athletes from profiting from their name, image and likeness (“NILs”). However, recently this principle has drawn a lot of attention and has all but crumbled. States across the nation have passed legislation that will soon come into effect to bypass the NCAA bylaws and allow student athletes to profit from their NILs, even the United States Supreme Court has called the NCAA’s business model into question. This has left the NCAA with …

Adverse Domination, Statutes Of Limitations And The In Pari Delicto Defense - Application In Cases Involving Claims Of Accounting Malpractice And Corporate Fraud, Laurence A. Steckman Esq., Adam J. Rader Esq.

Touro Law Review

No abstract provided.

Discovery In Federal Courts In Support Of Foreign Litigation: Lending A Helping Hand Or Legal Imperialism?, Edward D. Cavanagh

Faculty Publications

(Excerpt)

For over a century and a half, Congress has authorized the federal courts to assist in the production of evidence for use in foreign tribunals. In 1948, these provisions were codified at 28 U.S.C. § 1782, which currently provides:

The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal . . . upon the application of any interested person . . . .”

Historically, invocations for assistance …

Twenty-Third Amendment Problems Confronting District Of Columbia Statehood, Derek T. Muller

Journal Articles

Proposals to make the District of Columbia a state would leave behind a new, substantially smaller District named "Capital." The Twenty-Third Amendment guarantees that the new District would have three electoral votes, no matter how few people reside in it. Proposals that would make the District of Columbia state do not adequately address this issue. Statehood, if it proceeds, should be conditioned on repeal of the Twenty-Third Amendment. Potential alternative statutory solutions to the Twenty-Third Amendment--which do not exist in recent bills that Congress has considered--present constitutional, legal, and practical problems.

In one sense, the scope of this Article is …

Recollections Refreshed And Recorded, Leonard M. Niehoff

Articles

Witnesses forget stuff. When they do, the evidence rules give us two tools to help solve the problem. Lawyers call one "refreshed recollection" and the other "past recollection recorded," labels just similar enough to guarantee confusion. Nevertheless, these principles get at very different things and are well worth the effort necessary to distinguish and understand them.

So how do we get there?

Opioid Settlement Funds: Do Not Neglect Patients With Pain, Mark C. Bicket, Barbara Mcquade, Chad M. Brummett

Articles

The opioid crisis has escalated in the setting of the COVID-19 pandemic to new extremes and has claimed more than half a million lives in the US since 2000. Lawsuits to address the civil and criminal liability of drug companies and other groups have originated from federal, state, local, and tribal jurisdictions. When successful, there will likely be billions of dollars and significant discretion as to how these funds are spent. Several groups have produced reports with principles to address the toll of addiction using settlement funds. However, they lack actionable strategies to address the needs of patients with pain, …

Distributing Attorney Fees In Multidistrict Litigation, Edward K. Cheng, Paul H. Edelman, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

As consolidated multidistrict litigation has come to dominate the federal civil docket, the problem of how to divide attorney fees among participating firms has become the source of frequent and protracted litigation. For example, in the National Football League (NFL) Concussion Litigation, the judge awarded the plaintiff attorneys over $100 million in fees, but the division of those fees among the twenty-six firms involved sparked two additional years of litigation. We explore solutions to this fee division problem, drawing insights from the economics, game theory, and industrial organization literatures. Ultimately, we propose a novel division method based on peer reports. …