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On Wednesday, the en banc Fifth Circuit decided Environment Texas Citizen Lobby v. ExxonMobil. The procedural posture of this case resides in the ninth circle of Dante’s Inferno. I won’t even try to explain it here. Instead, I will try to make sense of the extremely unusual split. Reuters reported the case as a 9-8 split. […]
This morning the Supreme Court dismissed NVIDIA v. E. Ohman J:or Fonder AB as improvidently granted. This was the Supreme Court’s second DIG of the term. Indeed, it was the Court’s second DIG in a securities fraud case. Two weeks ago, the justices DIGged Facebook v. Amalgamated Bank. For those keeping track, here are the questions […]
From Magistrate Judge Alex Tse’s opinion today in Smith v. Substack, Inc.: Prior to the filing of this case, there was a series of interactions between Smith and the Doe defendant. Smith alleges that this unknown defendant posted unflattering statements about Smith on Cancel Watch, a blog site hosted by Substack. Smith initiated contact with […]
From today’s decision in Flynn v. Wilson, by Florida Court of Appeal Judge Susan Rothstein-Youakim, joined by Judges Darryl Casanueva and Morris Silberman: Retired lieutenant general Michael Flynn sued Rick Wilson for defamation after Wilson referred to Flynn in a tweet as “Putin employee Mike Flynn” and retweeted “FYI, Mike Flynn is Q.” Flynn seeks […]
Ohio Rep. Josh Williams is proposing a new law to make planting a flag at midfield after winning a football game a felony in the state of Ohio. The bill appears to have been inspired by the tussles between Ohio State and University of Michigan players after their most recent game, which Michigan won and […]
President-elect Donald Trump says the special tariffs he has threatened to impose on goods imported from China, Canada, and Mexico are aimed at stopping illegal drugs from entering the United States. The federal government has been trying and failing to do that for more than a century, and there is no reason to think this […]
I’ve long opposed Holocaust denial bans, partly because of the slippery slope / censorship envy problem: Unsurprisingly, such bans tend to lead to broader policing of historical claims, such as the French fine imposed on noted historian Bernard Lewis for his views on the Armenian genocide. N.Y. Times (Adam Nossiter) reports the latest: The French-Cameroonian […]
From Judge Michael Moore’s decision yesterday in Newman v. AP (S.D. Fla.): Several news organizations, including the AP, reported on the October 7 Attack by publishing real time photos and articles about the conduct of Hamas militants. The Amended Complaint identifies Gaza-based photojournalists Hassan Eslaiah, Yousef Masoud, Ali Mahmud, and Hatem Ali (together, the “Freelance […]
On Monday, police arrested Luigi Mangione, suspected of being the gunman who killed UnitedHealthcare CEO Brian Thompson last week. Right away, the internet scoured Mangione’s online presence, deducing numerous details about his life (a privileged Ivy League graduate in the tech world) and his potential motive (a painful and debilitating injury). But NBC News offered […]