ABA Journal “The 8th U.S. Circuit Court of Appeals at St. Louis ruled Monday that private plaintiffs cannot sue for alleged violations of Section 2 of the Voting Rights Act, which bans voting practices and procedures that deny or abridge the right to vote on the basis of race or Read more…
ABA Journal “The U.S. Supreme Court on Friday agreed to decide whether Texas landowners can sue the state under the takings clause for flooding caused by highway reconstruction even when a statute has not authorized lawsuits. The U.S. Supreme Court agreed to hear four consolidated cases that argue the takings Read more…
ABA Journal “A West Virginia judge who led a warrantless search of a divorce litigant’s home is not entitled to judicial immunity because she engaged in a nonjudicial act, a federal appeals court ruled Monday. The 4th U.S. Circuit Court of Appeals at Richmond, Virginia, ruled against former family court Read more…
Reuters “The Federal Trade Commission’s lawsuit accusing Amazon.com (AMZN.O) of deceptive consumer practices unfairly cites communications between the e-commerce giant and its lawyers as evidence, a corporate lawyer advocacy group has told a U.S. judge. The Association of Corporate Counsel on Wednesday filed a friend of the court brief in the FTC Read more…
“Twitter is threatening to sue Meta after the release and rapid popularity of its new app Threads. Alex Spiro, an attorney for Twitter owner Elon Musk, sent Meta CEO Mark Zuckerberg a letter Wednesday accusing the company of engaging in “systematic, willful and unlawful misappropriation of Twitter’s trade secrets and Read more…
In the biggest opioid case to date, Purdue Pharma, manufacturer of OxyContin, reached a tentative settlement last week with 23 states and attorneys representing roughly 2,000 local governments. The deal would have Purdue Pharma file for bankruptcy, which the company did on Sunday, and pay as much as $12 billion Read more…
The now-retired U.S. Supreme Court Justice Anthony Kennedy, in an opinion on a 2017 First Amendment case, called the cyber age a revolution of historic proportions, noting that “we cannot appreciate yet its full dimensions and vast potential to alter how we think, express ourselves, and define who we want Read more…
Passed into law in 1992, California’s anti-SLAPP statute (prohibiting stra- tegic lawsuits against public participation, or SLAPPs) has evolved into a nuanced but powerful procedural device for litigants facing lawsuits arising from protected petitioning or speech activity. Found at Code of Civil Procedure sections 425.16 through 425.18, it presents a Read more…
Getting SLAPP-ed in Federal Court: Applying State Anti-SLAPP Special Motions to Dismiss in Federal Court After Shady Grove In recent years, dozens of states have enacted anti-Strategic Lawsuits Against Public Participation (SLAPP) laws to counter SLAPP suits, or lawsuits filed to silence a defendant who has spoken out against a Read more…