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In United States federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a Daubert motion, a special motion in limine raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The Daubert trilogy are the three United States Supreme Court cases that articulated the Daubert standard:
Shira Ann Scheindlin is an American attorney and jurist who served as a United States district judge of the United States District Court for the Southern District of New York. She is currently of counsel at Boies Schiller Flexner LLP.
Jed Saul Rakoff is a senior United States district judge of the United States District Court for the Southern District of New York.
Harold Baer Jr. was a United States district judge of the United States District Court for the Southern District of New York.
Richard Miles Berman is a senior United States district judge of the United States District Court for the Southern District of New York.
Hartman v. Moore, 547 U.S. 250 (2006), is a decision by the Supreme Court of the United States involving the pleading standard for retaliatory prosecution claims against government officials. After a successful lobbying attempt by the CEO of a manufacturing company against competing devices that the US Postal Service supported, the CEO found himself the target of an investigation by US postal inspectors and a criminal prosecution that was dismissed for lack of evidence. The CEO then filed suit against the inspectors and other government officials for seeking to prosecute him in retaliation for exercising his First Amendment rights to criticize postal policy. The Court ruled 5-2 that to prove that the prosecution was caused by a retaliatory motive, the plaintiff bringing such a claim must allege and prove that the criminal charges were brought without probable cause.
Dennis G. Jacobs is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit.
Introduction: Issue Preclusion
George Benjamin Daniels is a senior United States district judge of the United States District Court for the Southern District of New York.
Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191, was a decision by the United States District Court for the Southern District of New York, which ruled that exact photographic copies of public domain images could not be protected by copyright in the United States because the copies lack originality. Even though accurate reproductions might require a great deal of skill, experience, and effort, the key element to determine whether a work is copyrightable under US law is originality.
Naomi Lynn Reice Buchwald is a senior United States district judge of the United States District Court for the Southern District of New York.
Kevin Thomas Duffy was an American lawyer and United States district judge of the United States District Court for the Southern District of New York.
Consuelo Bland Marshall is a senior United States district judge of the United States District Court for the Central District of California.
A Doe subpoena is a subpoena that seeks the identity of an unknown defendant to a lawsuit. Most jurisdictions permit a plaintiff who does not yet know a defendant's identity to file suit against a placeholder defendant, using the name John Doe or Jane Doe. A plaintiff may then use the tools of the discovery process to seek the defendant's true name and amend the complaint to name the Doe defendant. A Doe subpoena is often served on an online service provider or ISP for the purpose of identifying the author of an anonymous post.
American Booksellers Foundation for Free Expression v. Strickland, 560 F.3d 443, is a decision of the Sixth Circuit Court of Appeals involving a constitutional challenge—both facially and as-applied to internet communications—to an Ohio statute prohibiting the dissemination or display to juveniles of certain sexually-explicit materials or performances. The Sixth Circuit panel declined to resolve the constitutional issue but, instead, certified two questions to the Ohio Supreme Court regarding the interpretation of the statute. The Ohio Supreme Court answered both questions affirmatively and placed a narrowing construction on the statute. Since the Ohio Supreme Court's decision, the Sixth Circuit has not reheard the case.
Cayuga Indian Nation of New York v. Pataki, 413 F.3d 266, is an important precedent in the United States Court of Appeals for the Second Circuit for the litigation of aboriginal title in the United States. Applying the U.S. Supreme Court's recent ruling in City of Sherrill v. Oneida Indian Nation of New York (2005), a divided panel held that the equitable doctrine of laches bars all tribal land claims sounding in ejectment or trespass, for both tribal plaintiffs and the federal government as plaintiff-intervenor.
Waesche, Sheinbaum & O'Regan was a New York-based law firm focusing on international litigation and arbitration. It was co-founded in 1979 by Donald M. Waesche, Jr., Louis P. Sheinbaum and Francis M. O'Regan, partners from the Wall Street firm of Bigham, Englar, Jones & Houston.
Florence v. Shurtleff, Civil No. 2:05CV000485, was a case in which the U.S. District Court for the District of Utah issued an order stating that individuals could not be prosecuted for posting adult content that was constitutionally protected on general access websites, nor could they be civilly liable for failing to prevent access to adult content, so long as the material is identifiable by filtering software. The order was the result of a 2005 lawsuit, The King's English v. Shurtleff, brought by Utah bookstores, artists, Internet Service Providers and the other organizations challenging the constitutionality of certain portions of a Utah law intended to protect minors from adult content.
Barclays Capital Inc. v. Theflyonthewall.com, Inc., 650 F.3d 876, was a case decided in the United States Court of Appeals for the Second Circuit where the Second Circuit, reversing the decision of the US District Court below it, found that the claims of three major financial investment firms against an internet subscription stock news service (theflyonthewall.com) for "Hot-news" Misappropriation under state common law doctrine could not stand, as they were pre-empted by several sections of the Federal Copyright Act.
In United States law, a nationwide injunction is injunctive relief in which a court binds the federal government even in its relations with nonparties. In their prototypical form, nationwide injunctions are used to restrict the federal government from enforcing a statute or regulation.
References
- Denise Cote at the Biographical Directory of Federal Judges , a publication of the Federal Judicial Center .
- "The Judge that Apple Hates". Vanity Fair. June 2014.
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