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EXPLAINED: 3 | Vintage Vibes

Threatening Political Condemnation for Political Opposition Isn't Criminal Coercion

In People v. Cannata, decided a year ago but just posted on Westlaw, defendant was being prosecuted for violating New York's third-degree coercion law, which in relevant part reads, A person is guilty of coercion in the third degree when he or she compels or induces a person to engage…

Reason

If Parody Seems to Imply That the Parodied Person Is Responsible for Racist Actions, Can That Be Libelous?

From Corso Ventures, LLC v. Paye, decided Sept. 7, 2021 by Judge Karen Held Phipps (Ohio Ct. Com. Pl. Franklin County), but just posted several days ago on Westlaw; it's now on appeal. {In January of 2020, Defendant Jordan saw a story on the local news that the Short North…

Reason

[UPDATED] Is Sixth-Grader Telling Classmate His Hairstyle Makes Him Look Like Trump "Harassment, Intimidation, or Bullying"?

UPDATE: But wait! It turns out the decision was overturned on appeal, see below. (I've changed the title to a question; it originally said such a statement was indeed "harassment, intimidation, or bullying," summarizing the initial decision.)

Reason

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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,…

Reason

O.J. Law, Back in Court

This time in a decision by Judge Veronica Barisich (Nev. Dist. Ct. Clark County), handed down in February but just posted on Westlaw; an excerpt: [16.] There are only few factual disputes. Plaintiff [Malcolm Lavergne] is a Nevada attorney who has represented O.J. Simpson since 2009 regarding his robbery-related convictions,…

Reason

Judge Can Be Member of N.Y. ACLU Affiliate, but not One of Its Directors

From a decision of the N.Y. Advisory Committee on Judicial Ethics, handed down on Jan. 27 but just posted on Westlaw: The inquiring full-time judge asks if it is ethically permissible to serve on the board of directors of the New York Civil Liberties Union (NYCLU). As the organization's website…

Reason

Distinguishing Uses of Slurs in a Government Workplace

From In the Matter of Ruggiero, decided last month by the N.J. intermediate appellate court: Ruggiero was accused of workplace misconduct and the County sought to terminate her. That sanction was first rejected by a hearing officer and then an Administrative Law Judge (ALJ). The ALJ found a six-month suspension,…

Reason

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Evil, God Helmet, and Trademark Law

From Murphy v. King Size Productions, decided Mar. 17 by Judge Michael Fitzgerald (C.D. Cal.), but just posted on Westlaw: Defendants produce a fictional television show named "Evil" that airs on a streaming platform called Paramount+…. The [June 20, 2021] Episode revolves around a device called the "God Helmet." The…

Reason

"'Ass-Hat' Is a Word That Has No Meaning. It Is Just an Epithet"

From McCarthy v. Harris, 2021 WL 8533067, decided by Maricopa County (Arizona) Superior Court Judge Randall Warner on July 21, but just posted to Westlaw a couple of weeks ago: As alleged in the Complaint, Plaintiff Daniel McCarthy is a "Republican political hopeful." Defendant James T. Harris is a talk…

Reason

May a Judge Host a Football Podcast?

From New Hampshire Judicial Ethics Opinion 2017-ACJE-01, decided in 2017 but just posted on Westlaw: QUESTION PRESENTED: Does the Code of Judicial Conduct prohibit judges from hosting podcasts or radio shows devoted to sports or other matters that have little to do with the courts, the law or the legal…

Reason

Court Ordered Disgruntled Retirement Community Residents to Stop "Disparag[ing]" Management, Then Reconsidered

From Fellowship Senior Living, Inc. v. Schenk, decided in 2020 by New Jersey trial court judge Yolanda Ciccone, but just posted on Westlaw a few days ago: By way of background, this suit arises out of the Schenks' failure to pay for monthly residency and other attendant recurring service charges…

Reason

Corpus Linguistics in the Supreme Court

I've long been interested in this subject, and was particularly pleased to have Justice Thomas Lee of the Utah Supreme Court and Stephen Mouritsen guest-blogging in 2017 about their groundbreaking work on the subject. The subject came up in yesterday's argument with regard to Prof. James Phillips' and Prof. Jesse…

Reason

Pseudonymity for Defendant Accused of "Professional Wrongdoing," If Case Is Promptly Settled

In IPSOS MMA, Inc. v. Doe (decided Jan. 25 but just posted on Westlaw), the plaintiff, a marketing analytics company, sued an ex-employee for alleged trade secret infringement; the case settled within three months of filing, and Judge Paul Engelmayer (S.D.N.Y.) allowed it to be litigated pseudonymously: On November 18,…

Reason

Pretty Demanding Standards at the D.C. Police Department

Perhaps too demanding, though who knows (and it may well be that the punishment was suitably modest). From 2021 D.C. Office of Police Complaints 21-0072, 2021 WL 6804783 (decided Dec. 10 but just posted on Westlaw) (I'm focusing here on only one of the two complaints, against SUBJECT OFFICER #2):…

Reason

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