The Latest Breaking News from Second Circuit

From Riseandshine Corp. v. Pepsico, Inc., decided today by the Second Circuit, in an opinion by Judge Pierre Leval joined by Judges Denny Chin and Steven Menashi: In a trademark dispute …, PepsiCo, Inc., the Defendant, which marketed a canned energy drink under the mark "MTN DEW RISE ENERGY," appeals…

"There is no question that inaccurate statements were made by the government as part of these proceedings—to both Judge Schroeder and the undersigned"—but it appears that the details of this alleged misconduct remain sealed.

Overgrown grass, recording the police, and lying officers who lie and ruin people's lives and get away with it.

Retaliatory investigations, reckless investigating, and a consultant's duty.

From today's opinion in Moore v. Baron Cohen, by Judges Rosemary S. Pooler, Gerard E. Lynch, Raymond J. Lohier, Jr.: Baron Cohen created, co-produced, and co-wrote Who Is America?, a television program that aired on Showtime. As part of the show, Baron Cohen and his team convinced Roy Moore ("Judge…

The Sixth Circuit disagrees with the Second Circuit in the @RealDonaldTrump case (but maybe not by much).

Boycotts, open fields, and a weekend in jail.

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] Multi-peaked slippery slopes can happen when a significant group of people prefers both extremes to the compromise position. One such situation is when A without B seems unfairly discriminatory. Consider the following example: Position…

Interstate wine shipping, illegal traffic fines, and internet-ordained preachers.

From Vengalattore v. Cornell Univ., decided yesterday by the Second Circuit (Judge Amalya Kearse, joined by Judges José Cabranes and Rosemary Pooler): Vengalattore is a male of Indian descent. He became a tenure-track Assistant Professor of Physics … in 2009…. One [of his laboratory assistants], a graduate student—called "Jane Roe"…

Citizenship, machine guns, and bigamy