How Appealing



Monday, December 24, 2007

Supreme Court of California holds that the “single-publication rule” for determining when the statute of limitations begins to run on a defamation claim arising from a publication with widespread distribution also applies to a defamation claim arising from a publication that is not widely distributed: You can access today’s ruling from California’s highest court at this link.

Posted at 4:07 PM by Howard Bashman



“Political leafleting at malls upheld”: Bob Egelko of The San Francisco Chronicle provides a news update that begins, “A deeply divided California Supreme Court today upheld the right of unions and political protesters to leaflet shoppers at malls and urge a boycott. The 4-3 decision was based on the court’s landmark 1979 ruling that allowed political leafleting at large shopping centers under the state constitutional right of free speech. The court said in that ruling that a shopping mall was the modern equivalent of a town square or community meeting place, where people come to exchange ideas as well as spend money. The U.S. Supreme Court later ruled that the constitutional right of free speech applies only to restrictions imposed by the government and not by private property owners. But the 1979 ruling remains the law in California.”

And Central Valley Business Times reports that “Malls may not regulate content of free speech, says California Supreme Court.”

You can access today’s ruling of the Supreme Court of California at this link.

The case reached California’s highest court on certified question from the U.S. Court of Appeals for the D.C. Circuit.

Posted at 3:47 PM by Howard Bashman



“This appeal requires us to decide when the trade dress on the packaging of store-brand products is so similar to that of directly competing national-brand products as to create a likelihood of confusion among consumers.” So begins a 40-page ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today. The case involves claims that store-brand sucralose is being packaged in a way that looks too much like the packaging used by the brand Splenda.

Posted at 3:44 PM by Howard Bashman



“Disquiet over schools’ moment of silence; A family of Illinois atheists is fighting to overturn a law requiring time for students’ quiet reflection; The father and daughter say it mandates prayer”: The Los Angeles Times contains this article today.

Posted at 8:04 AM by Howard Bashman



“Wagons circled at CIA over tapes’ demise; The clandestine branch has a fierce instinct for protecting the agency’s interests and a reputation for undermining directors perceived as hostile”: This article appears today in The Los Angeles Times.

Posted at 7:58 AM by Howard Bashman



“During Recess, Democrats Push Back”: Recess appointments are the subject of this article published today in The Washington Post.

Posted at 7:50 AM by Howard Bashman



“Judging Lawyers: Lawyers sue over a rating site — and see their claim rejected on First Amendment grounds.” This editorial appears today in The Wall Street Journal.

My most recent earlier coverage appears at this link.

Posted at 7:33 AM by Howard Bashman



“The Ehrenfeld/Mahfouz Case: How ‘Libel Tourism’ Undermines the First Amendment and, in the Internet Age, Compels An International Solution.” Julie Hilden has this essay online today at FindLaw.

Posted at 7:20 AM by Howard Bashman