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U.S. Second Circuit

SCOTUS Declines Review of Copyright Suit Over Josh Groban's 'You Raise Me Up'

By Laura Temme, Esq.

Johannsongs-Publishing Ltd. sued songwriter Rolf Lovland and several record companies over the song "You Raise Me Up" written by Lovland in 2001 and popularized by Josh Groban in 2003. It argues that the U.S. Ninth Circuit Court of Appeals' test for substantial similarity failed to find enough commonalities between "You Raise Me Up" and a 1977 song entitled "Söknuður," while the Second Circuit's "ordinary observer" test would have found infringement.

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Sacklers Say They're Willing to Part With $6 Billion to Settle Opioid Lawsuits

By Laura Temme, Esq.

Several state attorneys general rejected an earlier settlement offer with a $4.3 billion contribution from the Sacklers, arguing that even this seemingly large amount was not enough to hold the family accountable. If the new deal goes through, members of the Sackler family would be shielded from liability in all current and future lawsuits related to the opioid epidemic—lawsuits that have been a thorn in the company's side for over two decades.

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Class Action Complaint Against NFL Teams Seeks To Reduce Bias In Hiring and Firing Decisions

By Dove Barbanel

Former Miami Dolphins head coach Brian Flores had already retained counsel when he attended an interview with the New York Giants for a head coaching job. Three days before his interview, he had received a text from Bill Belichick, head coach of the New England Patriots, congratulating him on getting the job. Flores was soon to discover that the text was a mistake (sent to the wrong Brian) and that the team had decided on someone else, former Buffalo Bills offensive coordinator Brian Daboll.

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Sarah Palin Loses Defamation Lawsuit Against The New York Times

By Camila Laval, J.D.

The lawsuit alleged that the publication and its former editorial page editor, James Bennet, defamed Palin when an opinion column incorrectly linked Palin to the 2011 Tucson mass shooting, in which Democratic Representative Gabrielle Giffords was wounded during a constituent meeting at a grocery store parking lot. The Times corrected the mistake the next day, and Bennet took the blame when testifying, adding that he meant no harm to Palin.

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Wells Fargo Admits to Fraudulent Accounts and Overcharges for Foreign Exchange Services: "When in Doubt, Spread Them Out"

By Camila Laval, J.D.

In September 2021, just as Wells Fargo was getting over a different scandal, the U.S. Department of Justice brought a fraud complaint against the bank in federal court for the Southern District of New York.

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2nd Circuit Nominee Would Be the First Openly Gay Woman to Join Federal Appeals Bench

By Laura Temme, Esq.

President Biden has tapped Supreme Court Justice Beth Robinson to replace the late Judge Peter Hall on the Second Circuit Court of Appeals. If confirmed, Justice Robinson will be the first openly gay woman to be a judge in the federal circuit courts of appeals.

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