The California Labor Code (“Labor Code”) confers certain benefits on employees that it does not afford independent contractors. Of particular relevance here are the provisions that, inter alia, require employers to pay overtime compensation, Cal. Lab. Code §§ 510 & 1194, prohibit employers fro...
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The appellees — several labor unions as well as individuals represented by those unions (collectively, the "Unions") — initiated this declaratory and injunctive proceeding against appellant Prince George’s County, Maryland (the "County"). Their three-count complaint alleges, on behalf of Count...
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The Pennsylvania Attorney General and the Executive Director of the State Ethics Commission appeal the District Court’s grant of a preliminary injunction enjoining enforcement of 65 Pa. Cons. Stat. § 1108(k), a state statute mandating confidentiality in proceedings before the State Ethics Commiss...
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In a case involving the applicability of the Carmack Amendment, Royal & Sun Alliance Insurance, PLC appeals the judgment entered by the United States District Court for the Southern District of New York (Hellerstein, J.). Consistent with the Supreme Court’s recent holding in Kawasaki Kisen Kaisha ...
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Cross-appeals from an order of the United States District Court for the Southern District of New York (Young, District Judge) granting plaintiffs-appellees' motion for summary judgment and denying defendants-appellants' cross-motion for summary judgment. The district court held that a local law purp...
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Appellee police officers delayed and in some instances arrested appellants for violating New York’s gun laws when they attempted to transport unloaded firearms in checked baggage through various New York airports, in reliance upon 18 U.S.C. § 926A, a statute which, under certain circumstances, al...
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The Department of Commerce sanctioned Micei International for alleged violations of export regulations. Per the agency’s instruction, Micei sought judicial review directly in this court. We hold that jurisdiction lies in the district court and transfer the matter there.
Mary Herrera, the Secretary of State of New Mexico, appeals the district court’s grant of summary judgment in favor of the appellees, New Mexico Youth Organized and Southwest Organizing Project. The district court ruled that Secretary Herrera’s attempt to regulate these two organizations was unc...
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Plaintiff-Appellant Abbott brought suit in state court against his employer, Defendant-Appellee BNSF Railway Company, alleging retaliatory discharge in violation of public policy and breach of contract. Defendant removed the case to federal court asserting diversity of citizenship and claiming feder...
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We consider whether federal copyright law preempts state-law claims alleging the unauthorized use of screenplays, videos, and other materials in the production of a cable television series.
I
A
In November 2006, plaintiffs Larry Montz, a parapsychologist, and Daena Smoller, a publicist, fil...
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