Interesting Bits of Law
Statutes
- Maxims of Jurisprudence: Cal. Civ. Code §§ 3509 – 3548
- Communications Decency Act § 230: 47 U.S.C. § 230
- Federal CAN-SPAM Act: 15 U.S.C. Chapter 103, §§ 7701 – 7713
- California's Uniform Trade Secrets Act (UTSA): Cal. Civ. Code §§ 3426 – 3426.11
- California's Uniform Electronic Transactions Act (UETA): Cal. Civ. Code §§ 1633.1 – 1633.17
- California's statute on agency: Cal. Civ. Code §§ 2295 – 2357
- California's Mortgage Foreclosure Consultant Act: Cal. Civ. Code §§ 2945 – 2945.11
- California Evidence Code: Admitting and Excluding Evidence: Cal. Evid. Code §§ 350 – 406
- California's Gift Certificate statute: Cal. Civ. Code §§ 1749.5 – 1749.51
- Hiring of Real Property: Cal. Civ. Code § 1950.5
- Racketeer Influenced & Corrupt Organizations Act (RICO): 18 U.S.C. §§ 1961–1968
Treaties
- Hague Convention on Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters
Cases
- MGM Studios v. Grokster
- Fair Housing Counsel v. Roommates.com: The 9th Circuit en banc held that CDA § 230 does not immunize Roommates.com from suit under the Fair Housing Act because Roommate.com's choice of questions in its online questionnaires had the effect of "inducing [users] to express illegal preferences" in their housing profiles (e.g., race, gender, marital status)
- Avista Management Inc. v. Wausau Underwriters Ins. Co.: Court orders attorneys to play Rock Paper Scissors
- Nix v. Hedden: Supreme Court determines whether a tomato is a "fruit" or a "vegetable"
- Trade-Mark Cases: Supreme Court held that a trademark is not "intellectual property" under federal law because Congress lacks the power to enact a trademark statute under Article 1, § 8, clause 8 of the Constitution
- Kearney v. Solomon Smith Barney: California's Supreme Court applied California's law against recording phone calls without consent to a phone call placed from Georgia to a California resident, where Georgia's law would have permitted the recording
- KSR v. Teleflex: Supreme Court examines what it means for a patent to be "obvious" in light of the prior art and, therefore, invalid
- E. Bement & Sons v. La Dow: The court discussed how the uncertainty of patent litigation significantly reduces the value of patents. In 1895!
- NTP v. Research in Motion: Activity outside the U.S. can avoid infringement of method claims in a U.S. patent, but system claims may still be infringed.
- BMC Resources v. Paymentech: The court rejected the novel "divided infringement" theory of liability.
- KinderStart v. Google: Dismissal and denial of anti-SLAPP motion
- KinderStart v. Google: Court imposes Rule 11 sanctions against KinderStart's attorney for asserting allegations without a good-faith basis
First Amendment Cases
- Junger v. Daley
- Junger v. Daley: District Court finds that software code does not qualify as "speech" under the First Amendment
- Junger v. Daley: Sixth Circuit court of appeals reversed the District Court holding, finding that software code does qualify as "speech" under the First Amendment
- Everson v. Board of Education of the Township of Ewing: Supreme Court examined the constitutionality of state-sponsored bussing of children to private, religious schools
- Edwards v. Aguillard: Supreme Court struck down Louisiana's "Creationism Act," which forbade the teaching of evolution in public elementary and secondary schools unless accompanied by instruction in the theory of "creation science."
- Kitzmiller v. Dover Area School District: District Court found that intelligent design is not science
- Scopes v. State of Tennessee
Back to Dan's Home Page
