Appeals

Federal Appeals Court Rejects Lawsuit Claiming Nickelback’s ‘Rockstar’ Was Copied, Citing Use of Rockstar Clichés

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A federal appeals court in Texas has dismissed a copyright lawsuit against the band Nickelback, ruling that they cannot be sued for using “clichés” and singing about being a rockstar. The lawsuit claimed that the band’s hit song “Rockstar” from their 2005 album “All the Right Reasons” was a rip-off of an earlier song called “Rock Star.” However, the court determined that the songs were not similar enough for the lawsuit to proceed. The lead singer of Texas band Snowblind Revival, Kirk Johnston, filed the lawsuit in May 2020, alleging that Nickelback had stolen substantial … Read more

Massachusetts Elected Officials Defend Appeals Court Judge from Unfair Criticism Over Former Romantic Relationship

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Boston, MA – Two Massachusetts officials responsible for confirming judges have criticized attempts to link the suitability of Appeals Court Judge Gabrielle Wolohojian for a vacancy on the state’s highest court to her past relationship with Governor Maura Healey. The Governor’s Council, which regularly approves judicial recommendations, is now tasked with reviewing Wolohojian’s qualifications for an open seat on the Supreme Judicial Court. Councilor Eileen Duff, who believes Wolohojian is highly qualified, expressed her frustration with the focus on the past romance instead of the judge’s professional background. Wolohojian, an Appeals Court judge for 16 … Read more

Appeals Court Reinstates California Law Mandating Background Checks for Ammo Purchases, Overturning Previous Ruling

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San Diego, California – An appeals court has overturned a federal judge’s ruling that struck down a state law requiring background checks for ammunition purchases. The 9th U.S. Circuit Court of Appeals voted 2-1 to allow the California Attorney General’s Office to suspend the judgment. The decision follows U.S. District Judge Roger Benitez’s injunction last week, which deemed the background check requirement for most ammunition purchases as unconstitutional. In a brief ruling, Judges Richard Clifton and Holly Thomas granted the suspension, while Judge Consuelo Callahan dissented. Callahan stated that she did not believe the appellant … Read more

Fifth Circuit Court of Appeals Overturns $366 Million Verdict in FedEx Employee’s Retaliation Lawsuit

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HOUSTON, Texas – A recent ruling by the Fifth Circuit Court of Appeals has significant implications for employers regarding race discrimination and retaliation claims. The court overturned a jury verdict that had awarded a Houston-based FedEx employee $366 million in damages. Jennifer Harris, a district sales manager in Texas, filed a race discrimination complaint against her supervisor within the company. In response, Harris was placed on a performance improvement plan. She was later placed on a second plan and ultimately recommended for termination, leading her to believe her supervisor’s actions were pretextual. Harris presented evidence … Read more