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Astor Probate Contest Hinges On Outcome of Criminal Case
Lawyers' Fund for Client Protection List of Ineligible Attorneys
Notice to the bar.Litigation Like a Rolling Stone
Songwriter James Damiano's copyright infringement suit against Bob Dylan is still in the federal courts after eight years, with no sign of stopping. The saga of the case is, in fact, mostly about the ability of a pro se plaintiff to keep the object of his obsession tied up in court seemingly indefinitely, despite what more than one court has deemed a meritless complaint.Cite as: NML Capital, Ltd. v. Banco Central de la Rep�blica Argentina, 10-1487-cv(L), NYLJ 1202499451081, at *1 (2d Cir., Decided July 5, 2011)Before: Miner, Ca
Circuits Split on Factual Disputes in Class Actions
Freed by a new Federal Rule of Civil Procedure to accept interlocutory appeals from class certification decisions, several federal appellate courts have released a flurry of decisions interpreting the requirements of Rule 23. A split has developed on the question of whether and how courts are permitted to resolve fact-based disputes that affect a case's suitability for class treatment.If a recent flurry of opposition from Microsoft, Amazon, Yahoo, the U.S. register of copyrights, and the governments of Germany and France--to name just a few--wasn't a clear enough indicator of disaster for the historic proposed settlement between Google and book publishers and authors, the 32-page brief filed late Friday by the Justice Department seems almost certain to derail the agreement, at least as currently constructed. But there's hope yet for Google: Justice says a modified deal can offer significant societal benefits.
Over the strenuous objections of Judge Denny Chin, the full Second Circuit refused to revisit broadcasters' claims that Aereo's upstart streaming TV service is a flagrant exercise in copyright infringement.
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