Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 2023 U.S. LEXIS 2061 (S. Ct. May 18, 2023) (Sotomayor, J.). This case discusses in great detail the Fair Use Doctrine. In this case, Ms. Goldsmith challenged a Foundation’s effort to use its portrait as a commercial substitute for her own protected photographs in sales […]
Author Archives: Rieders Travis
JUSTICE AGAINST SPONSORS OF TERRORISM ACT-SOCIAL MEDIA PLATFORMS-GOOGLE
Twitter, Inc. v. Taamneh, 2023 U.S. LEXIS 2060, ___ S. Ct. ___ (May 18, 2023) (Thomas, J.). Thomas, J. delivered the opinion for a unanimous Court. Jackson, J. filed a concurring opinion. Justice Thomas delivered the opinion of the Court. Under 18 U. S. C. §2333, United States nationals who have been “injured . . […]
NEGLIGENCE-NEGLIGENCE PER SE
Cogan House Township v. Lenhart, Pa. No. 14-02035 (C.P. Lycoming May 10, 2023) (Linhardt, J.). CHT filed a complaint against Lenhart, owners of property, concerning drains that were placed. There was a lot of litigation and the matter was reversed by the Commonwealth Court, directing the court to do the following: 1. Take further evidence […]
CIVIL RIGHTS-ONE ON ONE SCHOOL STUDENT HARASSMENT
Swisher v. Jersey Shore Area Sch. Dist. Bd. of Directors, 2023 U.S. Dist. LEXIS 83260, 2023 WL 3396579 (M.D. Pa. May 11, 2023) (Brann, J.). This case involved bullying of student by student and a consequent case against the school district for inadequate training, not responding to complaints by the parents, and the like. The […]
WRONGFUL TERMINATION-HOSTILE WORK ENVIRONMENT
Nitkin v. Main Line Health, 2023 U.S. App. LEXIS 11561 (3d Cir. May 11, 2023) (Jordan, C.J.). Appellant April Nitkin filed a lawsuit against Main Line Health, Inc. (“MLH”), alleging claims of a hostile work environment, retaliation, and wrongful termination in violation of federal and state laws. MLH successfully moved for summary judgment on the […]
CIVIL RIGHTS-BIVENS-FBI MISCONDUCT
Xiaoxing Xi v. Haugen, 2023 U.S. App. LEXIS 12784 (3d Cir. May 24, 2023) (Krause, C.J.). Not all rights have remedies, even when they are enshrined in the U.S. Constitution. So where Congress has opted to remedy specific rights in specific circumstances, we hesitate to interfere with that judgment by implying our own remedies or […]
LANDOWNER LIABILITY-CONTRACTOR OUT OF POSSESSION
Brown v. City of Oil City, 2023 Pa. LEXIS 681 (S. Ct. May 16, 2023) (Todd, C.J.). In this appeal, our Court is asked to determine whether Section 385 of the Restatement (Second) of Torts imposes liability on a contractor to a third party whenever the contractor, during the course of his work for a […]
CONSTITUTIONAL LAW-COMMERCE CLAUSE-DORMANT COMMERCE CLAUSE-RESTRICTIONS ON IMPORT OF PORK
Nat’l Pork Producers Council v. Ross, 2023 U.S. LEXIS 1892 (S. Ct. May 11, 2023) (Gorsuch, J.). Justice Gorsuch announced the judgment of the Court and delivered the opinion of the Court, except as to Parts IV-B, IV-C, and IV-D. What goods belong in our stores? Usually, consumer demand and local laws supply some of […]
STANDING-FAIR AND ACCURATE CREDIT TRANSACTIONS ACT
Budai v. Country Fair, Inc., 2023 Pa. Super. LEXIS 206 (May 17, 2023) (Bowes, J.). Country Fair, Inc. (“Country Fair”) appeals from the order entered on August 20, 2020, determining that Jordan Budai, Andrea Sciola, and Ashley Gennock, individually and on behalf of all other similarly situated (“Plaintiffs”), had standing to assert a cause of […]
CONSTITUTIONAL LAW-ELEVENTH AMENDMENT-SOVEREIGN IMMUNITY-FINANCIAL OVERSIGHT BOARD
Fin. Oversight & Mgmt. Bd. for P.R. v. Centro de Periodismo Investigativo, Inc., 2023 U.S. LEXIS 1890 (S. Ct. May 11, 2023) (Kagan, J.). A recently enacted federal statute establishes a financial oversight board within the Commonwealth of Puerto Rico’s government. The question presented is whether the statute categorically abrogates any sovereign immunity the board […]
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