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In an action against two insurance companies claiming that they wrongfully caused plaintiff to settle a bad faith lawsuit brought against it by two insureds, judgment for plaintiff is affirmed where: 1) the parties’ agreement required defendant to notify plaintiff of any demand made by the insureds, not just “new” ones; and 2) the district court did not abuse its discretion by excluding an expert’s proposed testimony on insurance industry practice, because it would not assist the jury....

There’s nothing new under the sun - including, apparently, the story of a female janitor connecting with an aquatic creature during the Cold War. The estate of the late playwright Paul Zindel has asked the Ninth Circuit Court of Appeals to weigh in on claims that Guillermo del Toro’s acclaimed film “The Shape of Water” copied the premise of Zindel’s 1969 play “Let Me Hear You Whisper.” Does The Complaint Hold Water?...

Ever since Miranda v. Arizona, the right to remain silent, and its companion, the right to have an attorney present during questioning, has been walked back both by the U.S. Supreme Court and various state supreme courts. Earlier this week, the Pennsylvania Supreme Court ruled that a person can’t invoke his Fifth Amendment right to counsel under Miranda in anticipation of police questioning. Along with a recent decision of the California Supreme Court, Pennsylvania’s decision moves Miranda’s temporal period in favor of the police....

In Ruiz v. Cty. of Rockland, No. 09-0759, an action against a county for national origin and race discrimination under Title VII and the Equal Protection Clause, the Second Circuit affirmed summary judgment for defendant, holding that 1) the district court erred in finding that plaintiff was not qualified for his position based on evidence of plaintiff’s misconduct; but 2) plaintiff failed to raise an inference of discrimination. As the court wrote: “Plaintiff Jorge Ruiz appeals the February 11, 2009 order of the United States District Court for the Southern District of New York (Eginton, J....

Whether your child is off to daycare or kindergarten for the first time, or is a seasoned fourth- or fifth-grader, chances are they’ll be spending some time on the playground. And while playground equipment has made some great strides in safety from the old metal bars and merry-go-rounds of our youth, any kind of play carries some injury risk. Just as every school has a playground, just about every school requires parents and students to sign liability waivers at the beginning of the academic year....

The first thing we learned in Corporations class in law school was that Delaware was the darling of incorporation. Why? For a number of reasons, one of them Delaware’s Court of Chancery, which specializes in business disputes. In fact, the court shows its own business savvy and marketing prowess on its website where it boasts that “[i]ts unique competence in and exposure to issues of business law are unmatched.” Sounds like a car commercial....

For heads of households and business owners that offer free wifi or internet access, a recent decision of the Ninth Circuit Court of Appeals makes it clear that the sharing an IP address doesn’t automatically lead to liability when someone else on the shared IP address illegally downloads copyrighted content. The Cobbler Nevada v. Gonzales case involves the makers of the Adam Sandler movie The Cobbler, suing due to illegal downloads via BitTorrent....

Kaytor v. Electric Boat Corp., No. 09-1859, involved an action for hostile work environment sex discrimination and retaliation. The court of appeals affirmed summary judgment for defendant in part, holding that defendant’s proffer was sufficient to show a non-retaliatory motive for plaintiff’s termination. However, the court vacated in part, on the ground that the district court, in evaluating the harassment claim, disregarded some evidence that clearly would be admissible at trial....

Years ago — before the John Edwards trial began — the former Senator from North Carolina came across as a likeable guy. Despite his wealthy trial lawyer lifestyle, he seemed relatable. (His boyish good looks and Southern drawl probably helped). More importantly, Americans sympathized with John and Elizabeth Edwards as Elizabeth bravely battled cancer through two presidential campaign cycles. Then we learned about Rielle Hunter. Plenty of politicians cheat, so it’s not shocking when the media exposes another philandering official....

The appeals court judges could see it coming, like a wave building on the horizon. For decades, other circuit courts had ruled that sailors were bound by collective bargaining agreements over pay rates. The U.S. Third Circuit Court of Appeals held to an older view of maritime law. “Today we stop swimming against the tide,” the judges said in Joyce v. Maersk Line, Ltd. It was significant because the court overruled its own precedent, but it also broadsided the plaintiff who had relied on the 27-year-old decision....

In a loan fraud prosecution, denial of appellant’s motion seeking a share of the proceeds of a transaction made by defendant, her husband, is affirmed where community property is available to satisfy a restitution judgment obtained under the Mandatory Victim Restitution Act (MVRA) against a criminally liable spouse, including that portion of the property that otherwise would potentially be awarded upon dissolution of marriage to an innocent spouse who was not involved in the criminal activity....

Defendant’s firearm possession conviction is affirmed where, when police stopped Defendant’s car, they had reasonable suspicion in light of the fact that the automobile had the same license plate number and description as one used to flee from a shooting two days earlier. Read US v. Lucky, No. 08-1939-cr. Appellate Information Argued: April 24, 2009Decided: June 19, 2009 Judges Before: CALABRESI, KATZMANN, Circuit Judges, EATON, Judge. The Honorable Richard K. Eaton, United States Court of International Trade, sitting by designation....

You don’t mess with The Zohan. Or at least, you don’t mess with the guys who invented The Zohan. Robert Cabell claims that Adam Sandler, Robert Smigel and Judd Apatow stole his idea of the wacky character that ultimately became “The Zohan” in the comedy film “You Don’t Mess With The Zohan”. According to New York Post, Cabell had a similar character, Jayms Blonde, which he claims was ripped off by the Hollywood trio....

Everybody who’s anybody is taking a swipe at the Defense of Marriage Act (DOMA) these days. It’s like marriage equality is the new black, or DOMA is the new Affordable Care Act. Now, a federal judge in New York City has given the Second Circuit Court of Appeals an opportunity to get in on the action. Wednesday, District Judge Barbara Jones ruled that DOMA is unconstitutional because it improperly interferes with states’ rights to regulate marriage, reports Reuters....

Even just a decade ago, it would be easy to make the argument that voters of all stripes liked their politicians to be “tough on crime.” In both parties, former prosecutors wore their law enforcement experience as badges of honor. But now, many Democratic voters have turned against this approach, in favor of criminal justice reforms that would throw out many mandatory minimum sentences, decriminalize many drug crimes, and reduce jail populations....

The Ninth Circuit just overturned a 1982 death sentence handed down by an Arizona court because it found that the convicted was intellectually disabled at the time of the crime; and thus his execution would be cruel and unusual under the Eighth Amendment and prongs of Atkins v Virginia. There was not unanimity in the ruling and the dissent opined that the circuit should have deferred more greatly to the state’s determination of the defendant’s mental capacity....

The Ninth Circuit Court of Appeals has ruled that it California courts have jurisdiction in the Mercedes Benz lawsuit involving violation of international human rights laws. According to Courthouse News Service, 22 Argentine residents claimed that Mercedes Benz was complicit with Argentine security forces in detaining, kidnapping, torturing and killing them or their relatives in the late 1970s. A suit was filed in 2007 against DaimlerChrysler, the parent company of Mercedes-Benz, and subsequently dismissed by the District court, when a motion for summary judgment brought by the defendant was granted on the grounds that in personam jurisdiction did not exist over the parties....

A veteran’s health care director, caught in the crossfire of reports that veterans had died while waiting for care, lost the battle over his job with the Department of Veterans Affairs. After being removed from his position, Lance Robinson challenged the decision before the Merit Systems Protection Board. In Robinson v. Department of Veterans Affairs, the Federal Circuit Court of Appeals affirmed the decision. The appeals court said the board did not abuse its discretion in finding Robinson was negligent....

The Beastie Boys are rightfully irked. Never, in the history of their group, have they ever agreed to allow the use of their music in advertising. In fact, their late member, Adam Yauch, stated in his will that none of the group’s music ever should be. And yet, we have the GoldiBlox “Girls” parody, a delightful, empowering tune that counters the misogynistic tone of the original. (“Girls - to do the dishes, Girls - to clean up my room, Girls - to do the laundry …”)...

In a 42 U.S.C. section 1983 action alleging that defendant-hospital board deprived plaintiff-physician of his First Amendment right of free speech through a campaign of retaliation against him for speaking out about substance abuse at the hospital, summary judgment for defendants is affirmed where neither the hospital’s investigation of plaintiff nor its warning letter to him constituted an adverse employment action for First Amendment purposes. Read Couch v. Bd. of Trustees of Mem....