September 22, 2020
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Month: February 2013

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General

Sototmayor Blasts Prosecutor’s Racist Question But Defendant Still Loses His Appeal

February 25, 2013 Oscar Michelen 0

The Supreme Court declined to hear the appeal of Bongani Charles Calhoun, convicted of a Federal Drug Conspiracy and is likely doing decades in jail as a result. The primary issue at trial was whether Calhoun knew that the friend he had accompanied on a road trip, along with the friend’s associates, were about to […]

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Constitutional Law

Fed. Appeals Court Rules: “Life is Good” May Have Copied Penmen Designs But it Did Not Infringe

February 21, 2013 Oscar Michelen 0

Life is indeed good for the Jacobs brothers who started the Boston MA based apparel company “Life is Good.” Not only did they turn their T-Shirt company into a $100 Million a year business, but this past December, the Tenth Circuit, a federal appeals court, dismissed a copyright infringement lawsuit brought against the company over […]

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Constitutional Law

Federal Court Denies City Right to Outtakes From Central Park 5 Documentary

February 20, 2013 Oscar Michelen 0

In a victory for journalism and independent film-making, Magistrate Judge Ronald L. Ellis of the Southern District of New York, quashed a subpoena served by the City of New York’s lawyers against Florentine Films, the film company owned by Ken Burns and his daughter Sarah Burns and son-in-law David McMahon. The subpoena was issued in […]

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Litigation

Gyms Must Have But Need Not Use Defibrillators - NY High Court Rules

February 13, 2013 Oscar Michelen 0

The NY legislature several years ago required larger gyms (500+ members)to have defibrillators posted through their facility as well as staff trained in their use. So a few years ago, when Eric Miglino Sr. died after suffering a heart attack in his gym playing racquetball, his son Eric Jr. sued Bally Total Fitness because none […]

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Constitutional Law

NY Times Story About NYPD Lying in Court Only Part of the Story

February 3, 2013 Oscar Michelen 1

So this morning’s NY Times article about pervasive perjury in criminal cases by members of the NYPD will come as no surprise to regular criminal defense practitioners. Among those who practice in this field, the practice is called “testilying.” But while Michelle Alexander’s article does a good job of describing the problem and pointing to […]

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Copyright Law

EA’s Lawsuit Against Zynga a Risky Game in its Own Right

February 1, 2013 Oscar Michelen 0

Electronic Arts’ recent lawsuit against Zynga, the social media gaming company, should come with a warning label - “Rated R for Risky - Winning this lawsuit could hurt your very own business practices.” EA accuses Zynga of copying major elements from its popular “The Sims” game for Zynga’s online virtual reality game called “The Ville.” […]

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