Tags » Preemption

8th Circuit dismisses right of publicity claim as copyright preempted

Ray v. ESPN, Inc., No. 14-2117 (8th Cir. Apr. 22, 2015)

Steve “Wild Thing” Ray wrestled professionally in
the Universal Wrestling Federation (UWF) from 1990 to 1994. 332 more words

Reading list: class ascertainability & preemption of state sound recording public perf. rights

Geoffrey C. Shaw, Class
Ascertainability
, forthcoming, Yale Law J. (2015)

Abstract:

In recent years, federal courts
have been enforcing an “implicit” requirement for class certification, in… 925 more words

City of Lancaster's RTKL Disclosures Regarding It's Unlawful Defense Fund, Including the Mayor's Chief of Staff "Need[s] Dope"

As most of our viewers are aware, on February 25, 2015, I submitted a Right to Know Law (RTKL) Request on the City of Lancaster in relation to the litigation of NRA v. 1,076 more words

Firearms Law

Preemption and dormant commerce clause challenges to Cal. Made in US law fail

Clark v. Citizens of Humanity, LLC, No. 14–CV–1404, 2015 WL 1600679 (S.D. Cal. Apr. 8, 2015)

Plaintiffs bought Citizens of Humanity jeans marked with “Made in the USA,” but alleged that the products contained component parts made outside the US, including the fabric, thread, buttons, subcomponents of the zipper assembly, and/or rivets. 1,219 more words

Primary jurisdiction didn't warrant dismissal of "natural" claims, 9th Cir. says

Astiana v. Hain Celestial Group, Inc., No. 12-17596 (9th Cir. Apr. 10, 2015)

As the court of appeals introduced the case:

A product labeled “all natural” or “pure natural” likely evokes images of ground herbs and earth extracts rather than chemicals such as “Polysorbate 20” or “Hydroxycitronellal.” This class action alleges that false or misleading product labels duped consumers seeking natural cosmetics into purchasing products that were chock-full of artificial and synthetic ingredients. 963 more words

OH Supreme Court Holds Home Rule Amendment to the Ohio Constitution Does Not Grant Local Governments the Power to Regulate Oil and Gas Activities and Operations Within Their Borders

Beck Energy Corporation (“Beck Energy”), obtained a state permit through R.C. Chapter 1509 from a division of the Ohio Department of Natural Resources (“ODNR”) for the purpose of drilling an oil and gas well on property within the corporate limits of the city of Munroe Falls, Ohio. 1,418 more words

Current Caselaw