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The Latest Breaking News from Second Circuit

"MTN DEW RISE ENERGY" Doesn't Infringe "Rise Brewing" Nitro-Brewed Canned Coffee Trademark

From Riseandshine Corp. v. Pepsico, Inc., decided today by the Second Circuit, in an opinion by Judge Pierre Leval joined by Judges Denny Chin and Steven Menashi: In a trademark dispute …, PepsiCo, Inc., the Defendant, which marketed a canned energy drink under the mark "MTN DEW RISE ENERGY," appeals…

Reason

Court Allows Sealing of Filings Related to Alleged Federal Prosecutor Misconduct

"There is no question that inaccurate statements were made by the government as part of these proceedings—to both Judge Schroeder and the undersigned"—but it appears that the details of this alleged misconduct remain sealed.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Overgrown grass, recording the police, and lying officers who lie and ruin people's lives and get away with it.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliatory investigations, reckless investigating, and a consultant's duty.

Reason

Roy Moore Loses Libel Suit Against Sacha Baron Cohen in Second Circuit

From today's opinion in Moore v. Baron Cohen, by Judges Rosemary S. Pooler, Gerard E. Lynch, Raymond J. Lohier, Jr.: Baron Cohen created, co-produced, and co-wrote Who Is America?, a television program that aired on Showtime. As part of the show, Baron Cohen and his team convinced Roy Moore ("Judge…

Reason

When Is Government Official's Blocking Commenter from Social Media Page "State Action"?

The Sixth Circuit disagrees with the Second Circuit in the @RealDonaldTrump case (but maybe not by much).

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Boycotts, open fields, and a weekend in jail.

Reason

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Equality Slippery Slopes

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] Multi-peaked slippery slopes can happen when a significant group of people prefers both extremes to the compromise position. One such situation is when A without B seems unfairly discriminatory. Consider the following example: Position…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Interstate wine shipping, illegal traffic fines, and internet-ordained preachers.

Reason

Second Circuit Allows Title IX Claim by Professor Who Alleged Biased Sexual Misconduct Investigation

From Vengalattore v. Cornell Univ., decided yesterday by the Second Circuit (Judge Amalya Kearse, joined by Judges José Cabranes and Rosemary Pooler): Vengalattore is a male of Indian descent. He became a tenure-track Assistant Professor of Physics … in 2009…. One [of his laboratory assistants], a graduate student—called "Jane Roe"…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Citizenship, machine guns, and bigamy

Reason

Hermes Birkin Handbags, NFTs, Trademark Law, and Rothschild (but not Controlling the Weather)

From Hermes Int'l v. Rothschild, an opinion issued today by Judge Jed Rakoff (S.D.N.Y.): Around December 2021, defendant Mason Rothschild created digital images of faux-fur-covered versions of the luxury Birkin handbags of plaintiffs Hermes International and Hermes of Paris, Inc. (collectively, "Hermes"). Rothschild titled these images "MetaBirkins" and sold them…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Plasma, prisons, and political parties

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Prosecutor-induced perjury, a satirical arrest (and prosecution), and an unraised winning argument.

Reason

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Fraud Prosecution for Specific False Statements About Meat Claimed to Be Halal Allowed,

though laws generally banning mislabeling food as “halal” (or “kosher”) violate the Establishment Clause.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Flea collars, bachelors, and data scraping.

Reason

Challenge to Univ. of Central Florida's "Bias-Related Incidents" Policy Can Go Forward

Tribune News Service

SALT deduction cap stays in place after Supreme Court rejects New York challenge

The Supreme Court declined to review a New York-led constitutional challenge to the $10,000 cap on state and local tax deductions imposed by Congress in the 2017 tax law.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Negligent investigation, racketeering, and gambling in Vegas.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Acts of state, hedonic damages, and bang-bang commands.

Reason

Epidemiologist's Criticism of "Daysy" Fertility Tracker are Constitutionally Protected

From today's Second Circuit opinion in Valley Electronics AG v. Polis, decided by Judges Jose Cabranes, Reena Raggi, and Susan Carney: Valley Electronics AG [and related companies] … allege[] that Polis, a reproductive health epidemiologist, made defamatory statements regarding the marketing of Valley's product Daysy, which is designed to "identify…

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