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EXPLAINED: Defendant - The Real Truth

Diversity (the Civil Procedure Kind) and Self-Identification

"Courts cannot accept a model where an entity has a public-facing identity which it then renounces based on its behind-the-scenes activity."

Reason

Use of Still from "Girls Do Porn" Video to Criticize Later Employer of Alleged Participant Is Fair Use, not Copyright Infringement

From Judge George Daniels' opinion Tuesday in MCM Group 22 LLC v. Perry (S.D.N.Y.), which strikes me as quite… The post Use of Still from "Girls Do Porn" Video to Criticize Later Employer of Alleged Participant Is Fair Use, not Copyright Infringement appeared first on Reason.com.

Reason

Another Libel Suit by Doctor Who Had Been Accused of Performing Unnecessary Gynecological Procedures on Immigration Detainees

This one is over a book (Holy Ground: On Activism, Environmental Justice, and Finding Hope) by one of the winners… The post Another Libel Suit by Doctor Who Had Been Accused of Performing Unnecessary Gynecological Procedures on Immigration Detainees appeared first on Reason.com.

Reason

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Nintendo reaches settlement with accessory manufacturer behind viral pre-reveal Switch 2 mock-up in a "confidential" agreement

Nintendo previously filed a lawsuit against the company alleging trademark infringement, unfair competition, and false advertising

GamesRadar

Court Rejects Oklahoma Education Department's Lawsuit Over Letters from Advocacy Group

"How do Defendant's letters interfere with Plaintiffs' authority or ability to administer Oklahoma's public schools?"

Reason

Nintendo is suing an accessory maker over "infringement, unfair competition, and false advertising" for releasing Switch 2 mock-ups weeks before reveal

Nintendo is taking issue with Genki's "contradictory and inconsistent" comments

GamesRadar

Defunct media startup The Messenger settles class action lawsuit with former employees for $4.5 million

‘This settlement will not result in immediate payment to the class members, because Defendant’s assets are being liquidated in a separate proceeding in Delaware state court,’ the settlement agreement notes.

The Independent UK

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Anti-American Speech and Spray-Painting "Allah, Muhammad" in Storage Locker Can Be Evidence of Motive …

in prosecution for bomb hoax at church; but spray-painting "the stupid Jew" in the storage locker isn't relevant enough, and thus isn't admissible. (Both the painted items were in defendant's native Kurdish.)

Reason

Case Alleging Race-Based Firing of White Male Manager Accused of Physical Misconduct by Black Female Employee Can Go Forward

From Thursday's decision by Judge Clifton Corker (E.D. Tenn.) in Williams v. Alkermes, Inc.: Defendant Alkermes, Inc. is a large… The post Case Alleging Race-Based Firing of White Male Manager Accused of Physical Misconduct by Black Female Employee Can Go Forward appeared first on Reason.com.

Reason

"Another Email Account Impersonating a Banker Working for [Plaintiff] Invited … Recipients … to Join a Fictitious Neo-Nazi Banking Club"

One of many allegedly defamatory statements allegedly sent by a former summer intern at a financial company; the court holds a proposed preliminary injunction against future speech by defendant about plaintiff would be an unconstitutional prior restraint, but issues a narrower injunction.

Reason

Court Dismisses ASU Academic/Administrator's Libel Suit Against Journal That Had Retracted His Article, with Reference to Possible Plagiarism

From Rodriguez v. Taylor & Francis Group, LLC, decided Thursday by Chief Judge Murray Snow (D. Ariz.): This action concerns Dr. Cristobal Rodriguez's allegations of defamation and trade libel against Taylor & Frances Group, LLC …. Dr. Rodriguez is the Associate Dean of Equity, Inclusion, and Community, as well as…

Reason

N.C. Court Holds Selective COVID Shutdown May Have Violated State Constitution's "Fruits of Labor" Clause

From N.C. Bar & Tavern Ass'n v. Cooper, decided yesterday by the N.C. Court of Appeals, in an opinion by Judge April Wood, joined by Judges Donna Stroud and Jefferson Griffin: Plaintiffs appeal from the trial court's order granting summary judgment for Defendant and dismissing all their claims arising out…

Reason

No Pseudonymity for Porn Copyright Infringement Defendants, Says One Judge

The cases on the subject are sharply split, reflecting how ill-defined the law of pseudonymous litigation is.

Reason

Theater Producers Have First Amendment Right to Choose White Actor Instead of Black

From Moore v. Hadestown Broadway Ltd. Liab. Co., decided Thursday by Judge Loretta Preska (S.D.N.Y.): Plaintiff Kim Moore is a black woman who works as an actress. Defendant is a company that produces and stages "Hadestown," a musical that runs on Broadway …. On or about January 30, 2020, Defendant…

Reason

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Reason

Characterizing Professor's Tweets as Anti-Semitic Isn't Actionable Libel or Invasion of Privacy

From Judge Gerald McHugh's decision yesterday in Tannous v. Cabrini Univ. (E.D. Pa.): This is an action brought by Kareem Tannous, a former university professor, against StopAntisemitism.org, a non-profit watchdog organization that reshared Plaintiff's social media posts with additional commentary…. [B]ecause I agree that Defendant's online blog constituted protected opinion…

Reason

Company's "ESG" Publicity Is Commercial Speech, Unprotected by California Anti-SLAPP Law

From Monday's decision in Hicks v. Grimmway Enterprises, Inc., by Judge Janis Sammartino (S.D. Cal.): In this putative class action, Plaintiff alleges that Defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and "Inaugural Report on Environmental, Social and Governance Actions" ("ESG Report").…

Asharq Al-Awsat

Guns N' Roses Sues Online Gun Shop for Appropriating Name

US rock band Guns N' Roses has sued a company that runs an online gun store named Texas Guns and Roses, charging in federal court that the business appropriated its name unjustly. In a lawsuit filed in Los Angeles, attorneys for the band said a corporation that runs the online…

Reason

Call of Duty: Warzone Doesn't Infringe Warzone Strategy Game

From Activision Publishing, Inc. v. Warzone.com, LLC, decided last month by Judge Fernando L. Aenlle-Rocha (C.D. Cal.), but just posted on Westlaw (presumably because it has just been appealed); this seems quite correct: Warzone.com develops and makes available to the public a browser-based game titled Warzone. Warzone is a free-to-play,…

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The Guardian - US

Taste the toxin? Skittles ‘unfit for human consumption’, lawsuit claims

Class action suit says Mars concealed information about toxic ingedient from consumers

Reason

Why Isn't Johnny Depp v. Amber Heard Foreclosed by Depp's Loss in an English Libel Case?

It's chiefly because Virginia doesn't recognize nonmutual collateral estoppel, of course!

Reason

"Kai the Hitchhiker" (and Convicted Murderer) Loses Libel Lawsuit on Personal Jurisdiction Grounds

From Judge Freda Wolfson's opinion Friday in McGillvary v. Grande (D.N.J.): Caleb McGillvary …, proceeding pro se, filed this suit against Todd Grande …, alleging that Defendant defamed Plaintiff in a YouTube video …. Plaintiff is an individual currently incarcerated [for first-degree murder] in Trenton, New Jersey. Plaintiff has provided…

Reason

Can't Seal the Alleged Libel Attached to Motion Seeking Removal of the Libel

In Czernyk v. Bongiovanni, plaintiff sued defendant over an alleged rape; plaintiff's lawyer has recently made various public allegations about defendant and defendant's lawyer, including on plaintiff's lawyer's blog; on Friday, defendant's lawyer moved for an order requiring plaintiff's lawyer "to immediately remove the blog post page" and "a temporary…

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