Friday, September 07, 2007 6:35 AM
Thought I would call out a couple of noteworthy cases discussed in the blawgosphere this week.
David Rossmiller, writing at Insurance Coverage Law Blog, overviews an upcoming appeal involving insurance in the Fifth Circuit in the post Fifth Circuit hears oral arguments in Tuepker v. State Farm Katrina case. Included in the post are links to pertinent materials, including the briefs:
Insurers have been successful in their Katrina appeals to the Fifth Circuit, and given the appellate court's analysis in two big cases -- Leonard v. Nationwide and In Re Katrina Canal Breaches Litigation -- I would flat out drop my red Yellowstone mug of decaf with the white moose silhouette in amazement if the result were any different in State Farm's interlocutory appeal of Tuepker v. State Farm, even though none of the three-judge panel in this case was on the panel for either of the other two cases.
I read the briefs again, and I have a very hard time seeing it go the Tuepkers' way.
You can read Mr. Rossmiller's full post for all the details via the links above.
Meanwhile, over in the Tenth Circuit, Professor Lawrence Lessig highlighted a copyright case in A big victory: Golan v. Gonzales.
The 10th Circuit decided our appeal in Golan v. Gonzales today. In a unanimous vote, the Court held that the "traditional contours of copyright protection" described in Eldred as the trigger for First Amendment review extend beyond the two "traditional First Amendment safeguards" mentioned by the Court in that case. It thus remanded the case to the District Court to evaluate section 514 of the Uruguay Round Agreements Act (“URAA”) under the First Amendment, which removed material from the public domain.
Again, you can read the above snippet in context as well the entire post via the links above.