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Author: Rieders Travis

COPYRIGHT-FAIR USE DOCTRINE

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 […]

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 […]

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 […]

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 […]