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The settlement between the Authors Guild and Google was rejected in 2011 by a judge at the district court level, who thought the settlement was not in the authors' best interest. [ 24 ] In October 2015, the United States Court of Appeals for the Second Circuit sided with Google citing fair use and that the scanned and posted excerpts works do ...
Google appealed the class-action certification to the Second Circuit, which issued a stay of proceedings in the District Court trial pending review of the class action appeal in September 2012. After hearing the case in May 2013, the Second Circuit vacating the class-action certification and remanded the case to the District Court in July 2013 ...
In India, the Supreme Court case Eastern Book Company & Ors vs D.B. Modak & Anr (where the respondents had compiled CD-ROMs of Supreme Court rulings with text sourced from copyedited publications of them by Eastern Book Company, albeit with copyrightable headnotes and other original content removed) cited both Feist and CCH Canadian ...
The court noted that three of the four requirements for a class action suit were met, but it was unable to determine whether Mayo would adequately represent the class and therefore the case could not continue. Finally, the court noted that Mayo had failed to provide directions to the United States Marshals Service as to service of process.
There are two distinct forms of appellate review, "direct" and "collateral". For example, a criminal defendant may be convicted in state court, and lose on "direct appeal" to higher state appellate courts, and if unsuccessful, mount a "collateral" action such as filing for a writ of habeas corpus in the federal courts. Generally speaking, "[d ...
Smith v. Pilots Union, 296 F.3d 380 (5th Cir. 2002): Six-month period of limitations applies to Smith's suit against the Union whether or not he was a supervisor. McCorvey v. Hill, 385 F.3d 846 (5th Cir. 2004): Original party to the decision in Roe v. Wade lacked standing to have the case re-opened after 30 years. Horvath v.
Hachette Book Group, Inc. v. Internet Archive, No. 20-cv-4160 (JGK), 664 F.Supp.3d 370 (S.D.N.Y. 2023), WL 2623787 (S.D.N.Y. 2023), was a case in which the United States District Court for the Southern District of New York determined that the Internet Archive, a registered library, committed copyright infringement by scanning and lending ...
The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appellate review authority over final judgments of the trial divisions and the Tax Court and over final decisions and actions of State administrative ...