Tag Archives: decides

Fifth Circuit Decides Cross-Border Shooting Case

Last term, the U.S. Supreme Court in a cross-border shooting case instructed the court of appeals to consider whether the plaintiffs could "rely on the Supreme Court’s 1971 decision in Bivens v. Six Unknown Named Agents, holding that a plaintiff… … Continue reading

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Court of Appeal Decides Buy-Out Questions Under Re-RULPA

California's Uniform Limited Partnership Act of 2008, commonly known as Re-RULPA, established a mechanism by which partners can avoid a judicial dissolution of the partnership by purchasing for cash the partnership interest owned by the partners initiating the judicial dissolution … Continue reading

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8th Circuit Decides the 3rd Dimension Adds Character

Recently, the 8th Circuit decided an appeal in Warner Bros. v AVELA. AVELA makes memorabilia such as snow globes, puzzles, t-shirts and other products primarily from movies. Warner Bros. sued AVELA for copyright infringement for use of materials associated with … Continue reading

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9th Circuit withdraws controversial Betty Boop decision, decides to remand case on narrower grounds; trademark licensing programs are safe once again

Back in February, I reported with alarm that the 9th Circuit rejected a trademark infringement claim by the purported owners of the BETTY BOOP cartoon character, issuing an opinion resting on an interpretation of aesthetic functionality doctrine that was so … Continue reading

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Opinion analysis: What counts as arbitration, and who decides?

By a vote of five to four, the Court on Wednesday held that the Federal Arbitration Act ("FAA") pre-empts California state law, which deems class arbitration waivers in consumer contracts of adhesion unconscionable in disputes over small amounts of damages. … Continue reading

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