1. FTC has 30 days to fix complaint:
"For the foregoing reasons, the Court will grant Facebook’s Motion to Dismiss, but it will dismiss without prejudice only the Complaint, not the case. The Court will also grant leave to amend and order Plaintiff to file any amended Complaint
2. within thirty days. A contemporaneous Order so stating shall issue this day." I need to look at the state case. There were two cases.

Personally, if I was the AUSA and I really believed it had monopoly power, I'd file a criminal charge not civil action. @JusticeATR
3. States' complaint was dismissed without leave to amend for two reasons:

"First, the States’ Section 2 and Section 7 attacks on Facebook’s acquisitions are barred by the doctrine of laches, which precludes relief for those who sleep on their rights."
4. "Second, the States’ Section 2 challenge to Facebook’s policy of preventing interoperability with competing apps fails to state a claim under current antitrust law, as there is nothing unlawful about having such a policy." I'll post both orders on timinhonolulu.com.

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More from @TimInHonolulu

29 Jun
1. Three SCOTUS opinions today. First is Penneast Pipeline Co. v. New Jersey. Held: that state sovereign immunity does not extend to blocking a pipeline condemning State conservation land without state consent under the Natural Gas Act.
2. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Alito, Sotomayor, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Kagan, and Gorsuch, JJ., joined.
3. Next case is Minerva Surgical, Inc. v. Hologic, Inc. Case involved a patent law doctrine of "assignor estoppel." I have done two copyright jury trials but am clueless regarding patent law. What I find interesting is the vote.
Read 5 tweets
25 Jun
1.
Looks like court may be unsealing some material in Giuffre v Maxwell SDNY Civil case. Hearing set July 1. Public dial in. Relates to these docket numbers:

345 MOTION to Compel Defendant to Produce Documents Subject to Improper Objection and Improper Claim of Privilege.
2.
356 MOTION to Direct DEFENDANT TO ANSWER DEPOSITION QUESTIONS FILED UNDER SEAL.

362 MOTION to Intervene ., MOTION to Unseal Document or in the Alternative to Modify Protective Order.( Return Date set for 9/8/2016 at 12:00 PM.) Document filed by Alan M. Dershowitz.(
3.
370 MOTION for Protective Order (REDACTED) Regarding Personal Financial Information. Document filed by Ghislaine Maxwell.

422 MOTION to Compel Settlement Agreement (Renewed). Document filed by Ghislaine Maxwell.
Read 4 tweets
25 Jun
1. The key to ending the kind of police conduct that led to the assassination of Geroge Floyd is having prosecutors willing to bring the charge and push for sentence enhancements when warranted. The Police and Prosecutors are not part of the same club. In a homicide
2. case the prosecutors represent the community but that includes victim who has no voice but theirs at trial.

And before anyone rips this judge for the sentence one way or another, we should read the order. If anyone sees it I would be obliged to them for the link.
3. We're presently witnessing our newly elected Honolulu City Prosecutor Steve Alm charge police officers in a fatal shooting with murder despite the fact the grand jury did not indict. They started the preliminary hearing proceedings today. Alm was Clinton's US Attorney here.
Read 4 tweets
24 Jun
1. On Rudy: When you're admitted to practice of law you accept that your speech will be subject to prior restraints. You have to self-censor, or you can get into trouble. The significance of Rudy Giuliani's interim suspension is that the lies that have flooded American
2. discourse are "lies" and judicial officers who possess equitable powers that are not easily subject to majoritarian legislative fiat, can call a lie a lie and the attorney representing the lying attorney faces the same mine field if they continue the fraud on the courts.
3. Attorney discipline is a place where none of the nonsense is tolerated. Why is this so important? Because litigation is coming against the forces that caused the attack on the Capitol. This propaganda industry played a critical role in the attack by
Read 6 tweets
24 Jun
Link to Rudy Giuliani's suspension order.

nycourts.gov/courts/ad1/cal…
It's an interim suspension pending an opportunity for Giuliani to request a full hearing. The rule allows an interim suspension when the facts are uncontroverted.

"For the reasons that follow, we conclude that there is uncontroverted evidence that respondent
communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at reelection
Read 5 tweets
23 Jun
Four SCOTUS decisions just released:
•LANGE v. CALIFORNIA
•MAHANOY AREA SCHOOL DIST. v. B. L.
•COLLINS v. YELLEN
•CEDAR POINT NURSERY v. HASSID
Lange Holding: Under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always—that is, categorically—justify a warrantless entry into a home.
Hahanoy Holding: Held: While public schools may have a special interest in regulating some off-campus student speech, the special interests offered by the school are not sufficient to overcome B. L.’s interest in free expression in this case.
Read 5 tweets

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