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Fifth Circuit Declines to Adopt Ninth Circuit's 'Server Test' in Copyright Infringement Case

Fifth Circuit Declines to Adopt Ninth Circuit's 'Server Test' in Copyright Infringement Case

The Fifth Circuit Court of Appeals has rejected the Ninth Circuit's 'server test' as the standard for determining copyright infringement in cases involving online linking and embedding. This decision stems from a lawsuit filed by Emmerich Newspapers, Inc. against Particle Media, Inc., operator of the NewsBreak news aggregator app. Emmerich alleged that Particle infringed its exclusive display rights under the Copyright Act by 'framing' Emmerich's articles within the NewsBreak app. The Fifth Circuit focused on the statutory term 'transmit,' concluding that the critical question is whether the defendant actually transmitted the copyrighted content, not whether it possessed or stored a copy. The court reasoned that Particle merely directed users' browsers to request content from Emmerich's servers, while Emmerich, as the host, performed the actual transmission. The court also addressed a Digital Millennium Copyright Act (DMCA) claim, reversing a lower court's categorical ruling that URLs cannot constitute cop...
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Surrogate asks the Supreme Court to intervene over care for a sick baby

Surrogate asks the Supreme Court to intervene over care for a sick baby

A California couple’s surrogate who refused their wishes to have an abortion is asking the U.S. Supreme Court to intervene in a custody dispute over the 4-week-old child who was born with a serious heart defect
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U.S. Lacks Unified Genetic Data Privacy Law, Leading to Fragmented Protections

U.S. Lacks Unified Genetic Data Privacy Law, Leading to Fragmented Protections

The United States currently operates without a general-purpose federal statute specifically addressing genetic data privacy. Instead, the legal landscape is characterized by a fragmented collection of overlapping definitions and regulations tied to various statutory regimes. For instance, the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule defines genetic information as 'protected health information' (PHI) only when held by specific covered entities like health plans or most healthcare providers. This means that genetic data held by direct-to-consumer (DTC) testing companies, such as 23andMe, is generally not considered PHI under HIPAA. The Genetic Information Nondiscrimination Act of 2008 (GINA) offers a broader definition of 'genetic information' but applies strictly to anti-discrimination contexts in employment and group health insurance. State laws further complicate this patchwork, with California's Privacy Rights Act (CPRA) classifying genetic data as 'sensitive personal info...
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Supreme Court's Cisco Decision Eliminates Modern Human Rights Claims Under Alien Tort Statute

Supreme Court's Cisco Decision Eliminates Modern Human Rights Claims Under Alien Tort Statute

The U.S. Supreme Court's June 2026 decision in *Cisco Systems Inc. v. Doe* has effectively closed the door on modern human rights claims brought under the Alien Tort Statute (ATS). This ruling determined that the ATS's implied cause of action does not cover such claims. The ATS, passed in 1789, grants federal courts jurisdiction over civil actions by aliens for torts violating the law of nations or U.S. treaties. Previously, in *Sosa v. Alvarez-Machain* (2004), the Supreme Court recognized an implied cause of action for violations of modern human rights norms that were as generally accepted and specifically defined as the 'Blackstone three' (violations of safe-conducts, infringement of ambassadors’ rights, and piracy) familiar to the First Congress. However, a series of Supreme Court cases between 2013 and 2021 progressively narrowed the ATS's implied cause of action. The *Cisco* decision took the final step, asserting that courts cannot create new causes of action for violations of international norms und...
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Meta Seeks New Trial in New Mexico Case with $1 Billion at Stake

Meta Seeks New Trial in New Mexico Case with $1 Billion at Stake

Meta Seeks New Trial in New Mexico Case with $1 Billion at Stake
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White House Faces Calls for Nintendo Lawsuit Over 'Ocarina of Time' Parody

White House Faces Calls for Nintendo Lawsuit Over 'Ocarina of Time' Parody

The White House has drawn criticism and calls for a lawsuit from social media users after releasing a video parodying Nintendo's 'The Legend of Zelda: Ocarina of Time.' The video, titled 'The Legend of Trump, Make America Great Again,' was posted on the official X account and featured President Trump in a style reminiscent of the iconic Nintendo game, complete with its original soundtrack. The video depicted President Trump on the White House lawn, entering the building, and signing papers in the Oval Office, with a caption stating, 'President Trump is working tirelessly... TO MAKE AMERICA GREAT AGAIN.' This incident follows previous instances where the White House released retro-style games promoting President Trump's political agenda, including 'Build the Wall,' which was inspired by Tetris and later removed from the White House's arcade website.
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Supreme Court Rejects Religious Vaccine Exemption for Kindergartener in New York

Supreme Court Rejects Religious Vaccine Exemption for Kindergartener in New York

The U.S. Supreme Court has declined an emergency appeal from a mother in New York seeking a religious exemption for her son from state vaccination requirements for school entry. The decision, issued on September 8, allows New York to maintain its stance that the kindergartener cannot attend school while his mother's lawsuit challenging the vaccination rules proceeds. Lower courts had previously ruled that the mother was unlikely to succeed in her request for a religious exemption and thus denied her son enrollment in an Eastchester, New York kindergarten. Justices Samuel Alito and Neil Gorsuch indicated they would have granted the mother's request. The mother, a practicing Catholic, argues that additional vaccine doses for polio, chickenpox, and other diseases violate her faith, citing objections to 'biological material derived from unclean sources.' This ruling comes amidst a measles outbreak and a broader political debate surrounding childhood vaccinations, with data from the U.S. Centers for Disease Con...
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U.S. Supreme Court to Hear Cases on Gun Bans, Immigration, and Parental Rights in December

U.S. Supreme Court to Hear Cases on Gun Bans, Immigration, and Parental Rights in December

The U.S. Supreme Court has released its December argument calendar, which includes several high-profile cases with significant national implications. On December 2, the Court will hear consolidated arguments in Viramontes v. Cook County and Grant v. Higgins, challenging semi-automatic weapons bans in Illinois and Connecticut. These cases question the constitutionality of state laws restricting over 100 types of firearms, with gun rights advocates arguing against state legislatures' ability to enact laws that violate the Second Amendment. On November 30, the Court will hear Wassily v. Blanche, addressing whether noncitizens whose asylum status was terminated can still adjust to lawful permanent resident status. Finally, on December 7, the Court will hear Partners for Ethical Care v. Ferguson, a challenge to Washington state laws that allow minors to access mental health and transgender care without parental consent. Lawyers for Washington Governor Bob Ferguson argue that the plaintiffs lack standing, while ...
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ABA Accreditation Council to Vote on Contentious Diversity Standard Amid Trump Administration Pressure

ABA Accreditation Council to Vote on Contentious Diversity Standard Amid Trump Administration Pressure

The American Bar Association’s accreditation council is scheduled to make a final decision on Tuesday regarding the repeal of a long-standing standard that mandates law schools demonstrate a commitment to diversity and inclusion through concrete action. This vote follows years of intense debate and comes just two weeks after the Department of Education recommended denying federal recognition to the ABA’s council, formally known as the Section of Legal Education and Admissions to the Bar. The Trump administration has been actively attacking diversity, equity, and inclusion (DEI) initiatives and accreditors, citing the Supreme Court’s 2023 decision banning race consideration in admissions as a basis for its stance. Critics of the standard argue it violates this ruling, while supporters, including many law school deans and faculty, contend that ensuring diversity in the legal sector is crucial for American democracy and that the Supreme Court ruling does not prohibit all efforts to support marginalized groups...
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New York Court Addresses Complexities of Contingency Fee Law Firm Dissolutions

New York Court Addresses Complexities of Contingency Fee Law Firm Dissolutions

New York Court Addresses Complexities of Contingency Fee Law Firm Dissolutions
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AI-Generated Artist Xania Monet Secures Multi-Million Dollar Record Deal, Challenges Music Industry Norms

AI-Generated Artist Xania Monet Secures Multi-Million Dollar Record Deal, Challenges Music Industry Norms

AI-Generated Artist Xania Monet Secures Multi-Million Dollar Record Deal, Challenges Music Industry Norms
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Authors Allege OpenAI Built ChatGPT on 'Mass Piracy' and Concealed Evidence in Court Filing

Authors Allege OpenAI Built ChatGPT on 'Mass Piracy' and Concealed Evidence in Court Filing

Authors Allege OpenAI Built ChatGPT on 'Mass Piracy' and Concealed Evidence in Court Filing