By: Stephen DeGrow*

Life is good for Amazon. The company had over $17 billion in total net sales for the quarter ending on September 30, 2013. (That figure is more than 20% greater than its 2012 third quarter total net sales.) And as of Friday, November 22, Amazon’s stock is near all time highs, the company is rolling out new products like the Kindle Fire HDX, and the site is getting ready for a big holiday shopping season.

Recently, things have not been quite as good at The United States Post Office. Its 2012 fiscal year loss almost reached $16 billion, and earlier this year, it released a plan to stop delivering mail on Saturdays. But this downward spiral recently received a break from one of the world’s biggest corporations. Amazon and the Post Office are now teaming up for Sunday delivery in the New York and Los Angeles markets. Expansion into Dallas, Houston, and New Orleans is planned for next year. Continue reading »

By: Caitlin S. Hale*

All families have Thanksgiving traditions. Maybe yours includes watching the Macy’s Thanksgiving Day Parade, while others enjoy watching some Turkey Day football (this year’s line up included, Packers at Lions, Raiders at Cowboys, and Steelers at Ravens). Other families may fight over who gets to break the turkey’s wishbone for the chance to make a wish. Many instead choose to nap, in order to gear up for the next “big holiday” – Black Friday.

It goes without saying that the safety of both shoppers and employees can quickly become an issue on Black Friday. Crowd related injuries occur much more frequently during the holidays, especially during special sales such as those that take place on Black Friday. Try searching, “stun gun Black Friday shopper.” Shoppers are not the only ones who brave the dangers of Black Friday. The shopping mayhem puts employees at risk, too. Continue reading »

By: Stephen DeGrow*

Marvel’s The Avengers, The Dark Knight Rises, and The Amazing Spider-Man all finished in the top ten grossing movies for 2012. In 2013, not much has changed. Comic book heroes are still dominating weekend box office reports. In May, Iron Man 3 opened in the United States and grossed over $400,000,000 domestically; internationally, the film did even better, bringing in more $1 billion. Man of Steel came to theaters on June 14 and brought in over $600,000,000 worldwide. The Wolverine came out on July 26; it eventually hauled in more than $400,000,000. And so far things are shaping up great for the newest comic book movie, Thor: The Dark World. Released to international audiences on October 30, the Thor sequel earned more than $100,000,000 during its first weekend in theaters. Continue reading »

By: Samantha Berner *

While almost everyone fell in love with Robin Thicke’s “Blurred Lines,” a song that many music-lovers consider the ‘song of the summer,’ Marvin Gaye’s family has a different view. This October, Gaye’s family filed a copyright lawsuit against Thicke, Pharrell Williams, and Clifford Harris Jr. (also known as T.I.), accusing the “Blurred Lines” singers and songwriters of copying Gaye’s hit song, “Got to Give It Up.”

In August, Thicke, Williams, and Harris filed a preemptive strike, in preparation for the lawsuit to be asserted by Gaye’s family. In response to the preemptive strike, two of Gaye’s sons filed a counter-suit alleging not only copyright infringement based on Blurred Lines, but also on another one of Thicke’s songs, “Love After War,” which is allegedly based on Gaye’s “After the Dance.” Continue reading »

By: Caitlin S. Hale*

What comes to mind when you think of the “ideal attorney?” Do your thoughts land on an image of someone such as Atticus Finch, a strong, well-respected man in the community who likes to fight for the underdog? Its likely you are not currently thinking about Elle Woods, the “ditzy” blonde female who went to Harvard Law just to gain the attention of her ex-boyfriend.

It seems that pop culture has continued to portray men as having the better makings for an attorney, but do employers feel that way as well? It seems possible, because now, exactly 50 years after President John F. Kennedy signed the Equal Pay Act into law, women are still not only receiving less pay for their work as attorneys, but also make up a steep minority of the profession. Continue reading »

By: Stephen DeGrow*

Baseball holds a special place in America’s hearts . . . and courtrooms. A federal judge recently dismissed antitrust claims made by the City of San Jose against Major League Baseball. The claims arose out of the Oakland Athletics’ desired move to San Jose, which is complicated because a relocation would infringe on the San Francisco Giants’ territorial rights. And according to Major League Baseball’s rules, teams cannot “relocate within the operating territory of a member without the written consent of such member.”

The federal judge based his ruling on Major League Baseball’s exemption from federal antitrust laws. The exemption dates back to 1922, when a unanimous Supreme Court decided Federal Baseball Club v. National League, 259 U.S. 200 (1922). In Federal Baseball Club, the Court stated that baseball is in the business of “giving exhibitions . . . , which are purely state affairs.” Because baseball is a “state affair,” it is intrastate commerce and therefore exempt from federal antitrust laws. Continue reading »

By: John Hodnette *

On October 1st, the Supreme Court of the United States agreed to hear an appeal of a copyright dispute arising from the popular classic film “Raging Bull.” Patrella v. MGM concerns the claim by Paula Patrella that the 1980s film starring Robert De Niro was based on a book and two screenplays created by her father, Frank P. Patrella, and the boxer Jake LaMotta. The claim is more than legitimate, given that the fact that the film was inspired by Jake LaMotta’s life is common knowledge, even appearing in headlines. However, it is not the copyright claim itself that is being appealed to the Supreme Court, but rather an issue of Civil Procedure: whether to apply the latches doctrine or the relevant statute of limitations.

The Latches Doctrine is a legal common law defense in an equitable action that “bars recovery by the plaintiff because of the plaintiff’s undue delay in seeking relief.” This doctrine is based on the idea that the courts should not aid those who take an inordinate amount of time to raise their claims. Elements include “knowledge of a claim, unreasonable delay, [and] neglect, which taken together hurt the opponent” because after a certain amount of time, an opponent reasonably does not expect a claim to be brought against them. It does not matter if the claim is legitimate, the doctrine can bar a claim that is made too late. Continue reading »

By: Lindsey Chessum*

If you have ever seen a dog-pile, then you already have a good image of what this lawsuit looks like. Everyone is jumping in while the people on the bottom of the pile are trying to crawl their way out.

It began in 2009 with Sam Keller, former Nebraska football player, filing suit against the NCAA, Electronic Arts Inc. (“EA”), and the Collegiate Licensing Company (“CLC”) for the use of his likeness in video games, photos, and promotions. Specifically, EA contracted with NCAA to produce sports video games based on college teams. The agreement has always been that no names of players are used, but EA takes extensive efforts to make players look and play like specific college athletes. There is a player made by EA who has the same hair color, facial features, play style, and home state as Keller, and he is not the only one.

That same year Ed O’Bannon, former UCLA basketball player, filed a similar class action anti-trust suit. The two cases were consolidated in 2010, and in 2011 Oscar Robertson, Tate George, Ray Ellis, and Bill Russell joined the suit, prompting O’Bannon to seek class-action status. More athletes joined the fray in 2013 from Arizona, Vanderbilt, Clemson, and Minnesota. Continue reading »

By: Caitlin S. Hale*

October 1st kicked off the start to Breast Cancer Awareness Month. One Cleveland- based doctor is doing his share of “thinking pink” with the development of a vaccine that could prevent breast cancer. Vincent Tuohy, an immunologist in the Cleveland area, developed the vaccine about three years ago, although the vaccine’s recent success in trials has brought more media attention.

The fact that a breast cancer prevention vaccine was developed years ago seems odd, since an average of 39,620 deaths still occur from breast cancer each year. It almost goes without saying that there is a catch to this vaccine: it has only been tested in mice. However, the vaccine was safe and effective in preventing breast cancer in mice, including those that were bred to have a predisposition for breast cancer. With only success in mice and also the need to pass the FDA approval process, it’s likely that the vaccine will not be available for humans for at least 10 years. Continue reading »

By: Rebeca Echevarria *

Opponents of video piracy have long been fighting to stop illegal downloads of copyrighted content, but it seems some major players are bowing out of that fight. Netflix and HBO produce some of the most pirated television programs but seem to be embracing the piracy, rather than trying to put a stop to it.

Netflix viewers were captivated by the suburban woman who finds herself in prison in Orange is the New Black and raved about Kevin Spacey’s portrayal of a manipulative political genius in House of Cards. HBO viewers also have nothing but praise for the television adaptation of George R.R. Martin’s A Song of Ice and Fire book series in HBO’s hit series Game of Thrones. But with Orange is the New Black, House of Cards, and Game of Thrones’ high ratings came a flurry of illegal sharing and downloading of the hit shows. For two years in a row, Game of Thrones has been the most pirated television show in the world. One would think that HBO and Netflix would be opposed to the proliferation of illegal file sharing of their main cash crops, but that does not appear to be the case. Continue reading »