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The Latest Breaking News from Second Circuit

Hermes Birkin Handbags, NFTs, Trademark Law, and Rothschild (but not Controlling the Weather)

From Hermes Int'l v. Rothschild, an opinion issued today by Judge Jed Rakoff (S.D.N.Y.): Around December 2021, defendant Mason Rothschild created digital images of faux-fur-covered versions of the luxury Birkin handbags of plaintiffs Hermes International and Hermes of Paris, Inc. (collectively, "Hermes"). Rothschild titled these images "MetaBirkins" and sold them…

Short Circuit: A Roundup of Recent Federal Court Decisions

Plasma, prisons, and political parties

Short Circuit: A Roundup of Recent Federal Court Decisions

Prosecutor-induced perjury, a satirical arrest (and prosecution), and an unraised winning argument.

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Fraud Prosecution for Specific False Statements About Meat Claimed to Be Halal Allowed,

though laws generally banning mislabeling food as “halal” (or “kosher”) violate the Establishment Clause.

Short Circuit: A Roundup of Recent Federal Court Decisions

Flea collars, bachelors, and data scraping.

Challenge to Univ. of Central Florida's "Bias-Related Incidents" Policy Can Go Forward

More from today's Eleventh Circuit decision in Speech First, Inc. v. Cartwright (written by Judge Kevin Newsom and joined by Judge Stanley Marcus and District Judge Richard Story); seems quite right to me: The bias-related-incidents policy creates a mechanism by which a UCF student can be anonymously accused of an…

SALT deduction cap stays in place after Supreme Court rejects New York challenge

The Supreme Court declined to review a New York-led constitutional challenge to the $10,000 cap on state and local tax deductions imposed by Congress in the 2017 tax law.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Negligent investigation, racketeering, and gambling in Vegas.

Short Circuit: A Roundup of Recent Federal Court Decisions

Acts of state, hedonic damages, and bang-bang commands.

Epidemiologist's Criticism of "Daysy" Fertility Tracker are Constitutionally Protected

From today's Second Circuit opinion in Valley Electronics AG v. Polis, decided by Judges Jose Cabranes, Reena Raggi, and Susan Carney: Valley Electronics AG [and related companies] … allege[] that Polis, a reproductive health epidemiologist, made defamatory statements regarding the marketing of Valley's product Daysy, which is designed to "identify…

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