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Today on the WLF Legal Pulse Blog

Side-stepping the Issue: Federal Judge Makes Unprecedented Move in Rejecting Google’s First Amendment Defense

Business success in America not only generates increased dividends for shareholders and opportunities for consumers, but it also, regrettably, attracts litigation. Take, for instance, the constant flow of lawsuits search-engine companies face from individuals and organizations unhappy with their placement in search results. Search-engine businesses have consistently prevailed in such suits, arguing that the First Amendment protects how they design and apply their search algorithms.

However, a May 12, 2016 federal district court decision, which rejected Google’s motion to dismiss and allowed a search-engine optimization firm’s lawsuit to proceed, departed from this positive First Amendment trend. Was the decision in E-Ventures Worldwide, LLC v. Google an aberration or has this plaintiff found a creative new way to avoid the First Amendment defense? Continue reading

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WLF October 2015 Supreme Court Term Review

On June 22, Washington Legal Foundation held our annual end-of-the-term review, with a panel of appellate expert assessing Supreme Court decisions that impact America's free enterprise system.  Moderated by WLF's Legal Policy Advisory Board Chairman Jay Stephens, the panel featured analysis from Andrew Pincus of Mayer Brown LLP, Elizabeth Papez of Winston & Strawn LLP, and Jeffrey Wall of Sullivan & Cromwell LLP.  The 80-minute video can be viewed by clicking on the link below.

To view online, click HERE

 

Suttner v. Crane Co.
On June 28, 2016, the New York Court of Appeals upheld a lower court decision holding valve manufacturer liable for failing to warn end users about asbestos dangers posed by replacement parts manufactured and installed by third parties. The decision...
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National Federation of Independent Business v. Perez
On June 27, 2016, the U.S. District Court for the Northern District of Texas preliminarily enjoined the Department of Labor’s new Persuader Rule, in part for violating the First Amendment. As WLF’s brief argued, the new rule facially discriminates...
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Consumer Financial Protection Bureau v. Gordon
On June 27, 2016, WLF filed a petition with the U.S. Court of Appeals for the Ninth Circuit, urging it to grant rehearing en banc in a case in which an appeals court panel upheld a massive judgment against WLF’s client, defendant Chance Gordon. The...
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RJR Nabisco, Inc. v. The European Community
On June 20, 2016, the U.S. Supreme Court overturned a Second Circuit decision that would have permitted private plaintiffs to sue for money damages under the Racketeer Influenced and Corrupt Organizations Act (RICO) for injuries allegedly suffered...
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Black & Decker (U.S.), Inc. v. SD3, LLC and SawStop LLC
On June 20, 2016, the U.S. Supreme Court declined to review a recent appeals court decision that allowed an antitrust complaint to withstand dismissal based solely on allegations permitting the mere inference of an anticompetitive conspiracy. The...
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Ninth Circuit Consumer Class-Action Ruling Signals Resurgence of Primary Jurisdiction Doctrine
By David T. Biderman, a Partner in the Los Angeles and San Francisco, CA offices of Perkins Coie LLP and Alisha C. Burgin, an Associate in the firm’s San Francisco office.
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Why 'Chevron' Deference for Hybrid Statutes Might Be a No-No
By Jeffrey B. Wall, Co-Head of the Appellate Practice Group at Sullivan & Cromwell LLP in its Washington, DC office, and Owen R. Wolfe, an Associate in the firm’s New York, NY office.
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Contra Plaintiffs’ Bar, Registering to Do Business Does Not Create General Jurisdiction
By Mark Moller, an Associate Professor of Law, DePaul University College of Law in Chicago, IL, and an Adjunct Scholar with the Cato Institute.
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Latest Communication
 
View All » Media Briefing
June 22, 2016 | 2:30 p.m. - 3:30 p.m.
The U.S. Supreme Court: October Term 2015 Review
The Honorable Jay B. Stephens, Of Counsel, Kirkland & Ellis LLP
Andrew J. Pincus, Partner, Mayer Brown LLP
Elizabeth P. Papez, Partner, Winston & Strawn LLP
Jeffrey B. Wall, Co-Head, Appellate Practice Group, Sullivan & Cromwell LLP
 
WLF At-A-Glance
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