Archive for March 2nd, 2010

Linda McMahon Ducks Questions About Ducking Questions

Great stuff from Paul Bass of the New Haven Independent:

“McMahon ‘Reality Checks’ Independent”

http://newhavenindependent.org/index.php/archives/entry/mcmahon_reality_checks_independent/id_24144

SUPREME COURT KEEPS REED ELSEVIER V. MUCHNICK ALIVE

[cross-posted from Freelance Rights, http://freelancerights.blogspot.com]

Tuesday, March 02, 2010

SUPREME COURT KEEPS FREELANCE CASE ALIVE

The United States Supreme Court has reversed the Second Circuit Court of Appeals in Reed Elsevier v. Muchnick, ruling that holders of unregistered copyrights can participate in settlements of infringement cases.

The decision means that the case, commonly called “Freelance,” will return to the lower courts for further adjudication. The Second Circuit had invalidated the settlement on jurisdictional grounds.

Freelance involves the consolidated settlement of several class-action cases over the unauthorized and uncompensated electronic reuse of freelance writers’ previously published articles. The cases stemmed, in turn, from the 2001 Supreme Court opinion in Tasini v. New York Times.

The Reed Elsevier v. Muchnick opinion can be viewed at http://www.supremecourtus.gov/opinions/09pdf/08-103.pdf.

The objectors to the settlement are gratified by the jurisdiction ruling. We now look forward to the opportunity to argue the merits of our objections before the Second Circuit.

Follow this blog for further details and comment soon.

posted by Irv Muchnick at 7:42 AM

Supreme Court Denies Hustler Magazine Bid to Review Nancy Benoit Photo Dispute

The U.S. Supreme Court yesterday allowed the family of Nancy Benoit to proceed with a lawsuit against Hustler magazine for the publication of nude photos of her taken many years ago. See http://www.cbsnews.com/blogs/2010/03/01/crimesider/entry6256216.shtml.

Without comment, the justices denied Hustler‘s bid to review a ruling last year by the 11th Circuit Court of Appeals that the suit could go forward. LFP Publishing v. Toffoloni now returns to federal district court for adjudication.

Irv Muchnick


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