Riley Brennan

April 21, 2023 | Law.com

"...[T]he court's predominance analysis merely accepted [the plaintiff]'s proffered common questions without referring to the common evidence presented to answer those questions. As such, the court's certifications rest on an error of law and amount to an abuse of discretion," the appeals court said.

By Riley Brennan

7 minute read

April 20, 2023 | Law.com

"As a matter of legal classification, it is a spray. Although plaintiffs claim there are factual disputes at play here, in truth plaintiffs simply disagree with the FDA's framework for how these types of products should be labeled," the majority wrote.

By Riley Brennan

8 minute read

April 20, 2023 | Texas Lawyer

A Kentucky man has filed suit in a Texas district court against Netflix, bringing claims of defamation and misappropriation of likeness after the streaming service allegedly non-consensually used an unrelated photo of him holding a hatchet in their documentary, "The Hatchet Wielding Hitchhiker."

By Riley Brennan

4 minute read

April 20, 2023 | Law.com

"Given the overtly political context, tone, and general purpose of The Conservative Circus, statements such as: McCarthy has 'absolutely no control over his emotions'; conducted himself in a manner that was 'downright frightening' and 'unhinged'; was 'acting like ANTIFA'; surrounded himself with 'thugs'; went 'on the attack, attacking' others; 'it got hostile'; and that he 'didn't even have enough faith in his own voice' are all readily recognized as rhetorical political invective or mere hyperbole and not statements or implications of objective fact," the Supreme Court said.

By Riley Brennan

5 minute read

April 18, 2023 | The Legal Intelligencer

"Under your argument, you're saying if I have a party and I overserve people, you're OK with me not being liable. But if I say, 'folks, try to contribute 5 to 10 bucks because I spent a lot of money to put this party on,' under your theory, I'm liable?" Justice David Wecht questioned.

By Riley Brennan

9 minute read

April 18, 2023 | Law.com

Reversing a lower court's ruling, the U.S. Court of Appeals for the Sixth Circuit determined a former fire chief and his wife could proceed to trial in their First Amendment lawsuit accusing a county judge executive of interfering with their towing business in retaliation for criticisms lodged on Facebook.

By Riley Brennan

8 minute read

April 17, 2023 | Law.com

The Oregon legislature has criminalized spitting on a police officer, regardless of whether the saliva comes in direct contact with the officer's skin,…

By Riley Brennan

4 minute read

April 17, 2023 | The Legal Intelligencer

"The judge acknowledged that he was not present to view the misconduct, and learned of it only when the victim returned to the courtroom immediately after the proceeding had ended. Nonetheless, the court convicted appellant of direct criminal contempt," Superior Court Judge Alice Beck Dubow wrote.

By Riley Brennan

4 minute read

April 17, 2023 | Law.com

Joining several other state and federal decisions from around the country, the Arizona Court of Appeals ruled that the COVID-19 pandemic and subsequent state restrictions and shutdown orders were not excuses for tenant Fitness International to miss their rent payments to its landlord Vereit Real Estate under its commercial lease.

By Riley Brennan

6 minute read

April 17, 2023 | The Legal Intelligencer

The Pennsylvania Superior Court vacated a lower court's decision ordering an inmate to pay nearly $90,000 in restitution to the jail, after determining the jail didn't qualify as a victim.

By Riley Brennan

6 minute read