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Zoe Tillman
@ZoeTillman
, 3 tweets, 2 min read Read on Twitter
3rd Circuit: Yes, you can copyright a full-body banana costume www2.ca3.uscourts.gov/opinarch/18226…
"...one can still imagine the banana apart from the costume as an original sculpture. That sculpted banana, once split from the costume, is not intrinsically utilitarian and does not merely replicate the costume, so it may be copyrighted"

I cannot with "That sculpted banana..."
Live shot of prevailing counsel right now
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Zoe Tillman
@ZoeTillman
DOJ's inspector general released its report on former FBI director James Comey's handling of the memos he wrote about his interactions with Trump.

Conclusion: He violated DOJ and FBI policies and his employment agreement. DOJ declined to press charges.

oig.justice.gov/reports/2019/o…
Multiple news outlets reported earlier this month that DOJ wouldn't prosecute Comey re: sharing his memos: cnn.com/2019/08/01/pol…

The release of OIG's report just make that official.
DOJ's inspector general had harsh words for how James Comey handled his memos detailing his convos with Trump: "Comey set a dangerous example for the over 35,000 current FBI employees ... who similarly have access to or knowledge of non-public information" buzzfeednews.com/article/zoetil…
Read 6 tweets
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Zoe Tillman
@ZoeTillman
Thread: A NY judge ruled yesterday that the Trump Org. is off the hook for paying much, but not all, of the $3.8M+ Michael Cohen says he owes in legal bills and criminal case penalties:
assets.documentcloud.org/documents/6359…
Cohen claims he had an oral agreement with the Trump Org. to cover his legal expenses — the judge ruled that, assuming that's true (it's in an early phase), the Trump Org. could have to pay re: matters pending when they reached the alleged agreement in July 2017, but not after
Cohen claimed $1.9M+ in legal bills covering everything from congressional investigations and the Mueller probe to lawsuits filed by Stormy Daniels. The lawsuit alleges the Trump Org *did* cover his legal expenses for a while, but stopped when he started cooperating with the feds
Read 6 tweets
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Zoe Tillman
@ZoeTillman
NEW: A federal judge in Missouri blocked the state's 8-week abortion ban, which was set to take effect tomorrow. The judge let a separate law banning abortions based on race/gender/disability take effect, but anticipated it would get struck down eventually buzzfeednews.com/article/zoetil…
Judge: "While federal courts should generally be very cautious before delaying the effect of State laws, the sense of caution may be mitigated when the legislation seems designed, as here, as a protest against Supreme Court decisions." buzzfeednews.com/article/zoetil…
This is the latest in a string of lower court decisions blocking states from enforcing early-term abortion bans. But supporters of these bans have acknowledged they'll likely lose at this stage — the goal is to get before SCOTUS buzzfeednews.com/article/zoetil…
Read 6 tweets

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Gabriel Malor
@gabrielmalor
3d Cir., 2-1, holds that it does not violate the establishment clause for the Pennsylvania House of Representatives to exclude nontheists as chaplains to offer prayer at the start of sessions. www2.ca3.uscourts.gov/opinarch/18297…
The maj. op. holds that nontheists can be excluded as chaplains because historically the purpose of legislative prayer is to invoke divine guidance and "prayer" presupposes a higher power.
Dissenting Judge Restrepo argues that nontheist religions are still religions protected by the establishment clause, and that it therefore violates the clause to exclude chaplains from those religions based on their religions belief that there is no God or gods.
Read 5 tweets
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Adam Klasfeld
@KlasfeldReports
Co-workers of a man at an ICE facility who sexually assaulted a teen Honduran mother are not immune from suit, the 3rd Circ. ruled, affirming immigration detainees have 14th Amendment due process protections.

Background via @LexandraJones @CourthouseNews courthousenews.com/support-weak-f…
The case is now headed for trial. Story ahead.

The Third Circuit's ruling is here: www2.ca3.uscourts.gov/opinarch/18168…
The assault took place inside ICE's Berks County Residential Center in Pennsylvania. The staffer who committed it was convicted, and the those who did not prevent it face possible civil liability.

This profile of the facility is from 2017: nbcphiladelphia.com/news/local/Ins…
Read 4 tweets
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(((Mark Jaffe)))
@MarkJKings
On the subject of taking photos from the internet and using it for your own website without a license: jury found website owner liable and awarded $150,000 statutory damages per photo infringement. That's $450,000 total.
The Ninth Circuit is kicking it back because of an erroneous instruction on "willful" infringement. Judge wrongly allowed a "should have known" standard. So, on remand, the most the statutory damages can be is $90,000, which is still a lot.
The "should have known" standard isn't good enough for willful infringement. The defendant website was only found liable for contributory copyright infringement, not direct infringement.
Read 6 tweets
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T. Greg Doucette
@greg_doucette
The doctrine of qualified immunity in practice – regardless of whatever theory assorted Twitter police tell you – holds that a police officer is entitled to immunity unless another officer has already been held to have violated the Constitution in identical circumstances

1/
That creates the rights-violation equivalent of a first-mover advantage: whoever breaks the law first gets protected, and can't be sued under 42 USC §1983 for it

2/
It's how you end up with holdings like "stealing is illegal, unless the theft is done by the first police officer to steal"

3/
Read 23 tweets
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Stacy Tolchin
@TolchinImm
It is hard to explain just how mean-spirited and malevolent the administration's asylum/ family position is. Just know that while Trump is no rocket scientist (or attorney), the folks sitting behind him waxing their metaphorical mustaches are brilliant and evil.
1/ the law establishes that those seeking admission to the United States (even without proper documents) are entitled to a "credible fear" review which is a screening test to then allow them to apply for asylum.
2/ We know that many people arriving at the US/Mexico border are fleeing horrific conditions that have pushed them into taking a perilous ride to the US because they fear they will be killed by gangs, their own government, or domestic abusers. These threats are VERY real.
Read 18 tweets

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