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Archive for the ‘2nd Circuit Decisions’ Category

By June Nam – Edited by Ding Ding

The heirs of William Abbott and Lou Costello filed suit against the creators of a Broadway play, Hand to God for using—verbatim—a portion of the iconic comedy routine, Who’s on First?. The Second Circuit affirmed the judgment but rejected the reasoning of the district court, which dismissed allegations of copyright infringement. The Circuit Judge, Reena Raggi, held that the use of the routine in the play was not a fair use under the Copyright Act of 1976. However, the heirs did not have a valid copyright to allege any copyright infringement.

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Posted On Oct - 23 - 2016 Add Comments READ FULL POST

Second Circuit Prohibits Extraterritorial Application of Stored Communication Act’s Warrant Provision

The Second Circuit reversed a U.S. Magistrate Judge’s warrant ordering Microsoft to produce customer content stored in Ireland. The Second Circuit held that the warrant provisions in § 2703 of the Stored Communications Act, 18 USC §§2701-2712 (1986) (“SCA”), cannot be used to compel a service provider to disclose user e-mail content stored exclusively on a foreign server.

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Posted On Jul - 25 - 2016 Comments Off READ FULL POST

Second Circuit holds employer-disparaging Facebook activity protected by labor law

By Bhargav Srinivasan – Edited by Henry Thomas

Triple Play sports bar fired two employees after they responded to a Facebook post from a coworker suggesting that the bar improperly filed its taxes.  The NLRB found that the Facebook activity was protected concerted speech.  On appeal, the Second Circuit affirmed the decision of the NLRB, rejecting Triple Play’s theory that the profanity in the Facebook comment was made in the presence of customers and lost protection.  While the case was non-precedential, it departed from the trend of courts finding similar firings permissible.

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Posted On Nov - 17 - 2015 Comments Off READ FULL POST

Flash Digest: News in Brief
By Katherine Walecka

First Amendment Protects Peer-Reviewed Publication Regarding Competitor’s Product

Second Circuit Affirms Finding of No Material Mistake in Wiretap Application Against Raj Rajaratnam

High Damages in Peer-to-Peer Distribution Suit Affirmed as Statutory, Not Punitive

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Posted On Jul - 15 - 2013 Comments Off READ FULL POST

Class Certification Vacated: Google’s Library Project Gains Ground

Authors Guild, Inc., et al. v. Google Inc.
By Jonathan Sapp – Edited by Michelle Sohn

The Court of Appeals for the Second Circuit vacated and remanded the lower court’s certification of the plaintiff class. The Second Circuit held that class certification should not precede a determination of Google’s fair use defense. The determination of the defense will “necessarily inform and perhaps moot” the Second Circuit’s analysis of class certification issues. Author’s Guild, Inc. v. Google Inc., No. 12-3200-cv, slip op. at 4 (2d Cir. July 1, 2013).

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Posted On Jul - 12 - 2013 Comments Off READ FULL POST
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