Categories
Constitutional Law

Breaking News: NY Highest Court Rules an Elephant is NOT a Person

Two weeks ago I wrote an article letting readers know that a California Appeals Court ruled that a “bee” was a “fish” under that State’s environmental law. (https://courtroomstrategy.com/2022/06/ca-ct-a-bee-is-a-fish/). Well, now NY’s highest court, the Court of Appeals, has ruled that an elephant does not have the same right s to habeas corpus relief that a […]

Categories
Litigation

Ca. Ct: A “Bee” is a “Fish”

Today in “Why People Hate Lawyers” I present the case of Almond Alliance of California, et al v. California Game & Fish Commission in which a California Appeals Court ruled that Bees are appropriately categorized as Fish under a California Ecological statute. We’ve all heard that bees are endangered. Four different bumblebee species are particularly […]

Categories
General Litigation

Top 5 Things Trial Lawyers Can learn from Olympian Mikaela Shiffrin

I am big fan of the Winter Olympics and particularly love the ski events. I was psyched to watched US Olympic gold medalist Mikaela Shiffrin compete in possibly 5 events. Then I was horrified to see her fall in the first few seconds of her two favorite events the Slalom and the giant slalom and […]

Categories
Intellectual Property

Fed Ct. Chooses Law Over Art: Warhol Piece Was Not Fair Use of a Prince Photograph

In a major loss for the Andy Warhol Foundation, the 2nd Circuit Court of Appeals ruled last week that the famed artist did not make “fair use” of celebrity photographer Lynn Goldsmith’s 1981 portrait of Prince for his own 1984 series of similar-looking images. The decision overturns one made in 2019 by the Southern District Court of […]

Categories
Intellectual Property Litigation

NY Law on Auto-Renewal: Helpful or Litigation Breeder?

Many States have passed legislation aiming to regulate websites that offer auto-renewal subscriptions or auto-renew purchase plans with mixed success. NY has decided to jump into the fray with an Auto Renewal Law (ARL) that will go in effect on February 1 2021. Key points under the new law: Businesses must generally: Present the material […]

Categories
Entertainment Law Litigation

Say What You Want About Lenny Dykstra . . . . I Mean It, NY Ct. Rules You Can’t Defame Him.

The arc of Lenny “Nails” Dykstra’s life is like a roller coaster. Well at least that first part of the rollercoaster where you go up a huge hill, reach the top, and then speedily plummet to the bottom. Lenny’s hit so rock-bottom that recently a NY Judge ruled he is “libel-proof.” That is, his public […]

Categories
Litigation

What Will Jurors Be Like Post-Covid?

Over the last few days or so, I have seen that lawyers, judges and clients alike are starting to wake up out of their covid-comas and are thinking about getting back to normality – whatever that was – heck, let’s just call it the pre-covid days. More courts are scheduling video or phone conferences; lawyers […]

Categories
General

Getting Insurance Coverage for COVID-19 Business Interruption

Many of my firm’s business clients have been calling me to see if they can obtain money in addition to available government assistance for the losses they are suffering due to the COVID-19 pandemic. I advise them that it all starts with a deep dive into their insurance policies. Let’s face it, most of us […]

Categories
Wrongful Convictions

Its Wrong to Make Wrongly Convicted Drop Legal Claims In Exchange for Freedom

Stephanie Clifford of the New York Times last Tuesday wrote a piece on a growing trend among prosecutors facing motions to vacate wrongful convictions: They will consent to the motion if the defendant agrees to waive his right to seek money damages for his wrongful conviction. The story focuses on the Philadelphia case of Jimmy […]