Tyler Keup, an artist in the custody of the Nebraska Department of Correctional Services (NDCS), tried to send drawings of a marijuana leaf and a bare-breasted woman to his mother and the Maoist Internationalist Movement (Maoists). When NDCS rebuffed Keup’s efforts, Keup sued various NDCS official...   MORE>>

Ruling on cross-motions for summary judgment, the district court found that appellant Whitney Harper infringed copyrights held by a consortium of record companies in 37 sound recordings. It also found that whether Harper was an “innocent infringer” under 17 U.S.C. § 504(c)(2) was a question for...   MORE>>

We must decide whether a restaurant violates the Fair Labor Standards Act, when, despite paying a cash wage greater than the minimum wage, it requires its wait staff to participate in a “tip pool” that redistributes some of their tips to the kitchen staff.

Misty Cumbie worked as a waitress a...   MORE>>

Defendant Fulton County, Georgia, concerned about the secondary effects on its communities of the mixture of alcohol and live nude dancing, passed an ordinance in 2001 prohibiting the sale, possession, and consumption of alcohol in adult entertainment establishments. Plaintiffs Flanigan’s Enterpri...   MORE>>

Defendant-appellant, Kenneth Frazier, appeals from his conviction on August 30, 2007 by a jury on two counts: Count 1, conducting an illegal gambling business in violation of 18 U.S.C. § 1955; and Count 2, sponsoring and exhibiting animals in an animal fighting venture in violation of 7 U.S.C. § 2...   MORE>>

This appeal concerns whether a junked-vehicle ordinance designed to eliminate eyesores and promote public order, SAN MARCOS, TEX., CODE OF ORDINANCES § 34.196(a), can be applied to a wrecked Oldsmobile 88 that has been put to use as a cactus planter, colorfully painted, and adorned with the words �...   MORE>>

This dispute involves rights to a single song, "Caballo Viejo." The appellants are the Latin American Music Company ("LAMCO") and the Asociación de Compositores y Editores de Música Latino Americana ("ACEMLA"). The appellee is the American Society of Composers, Authors, and Publishers ("ASCAP"). A...   MORE>>

As one observer has noted, this case, which raises important and unsettled legal issues under the Visual Artists Rights Act ("VARA"), may well serve as "the ultimate how-not-to guide in the complicated world of installation art." Geoff Edgers, Dismantled, The Boston Globe, Oct. 21, 2007, at 1N. Arti...   MORE>>

This case calls upon us to determine whether an antitrust complaint alleging a conspiracy by major record labels to fix the prices and terms under which their music would be sold over the Internet states a claim for violation of Section 1 of the Sherman Act under Bell Atlantic Corp. v. Twombly, 550 ...   MORE>>

Marei von Saher (“Saher”) seeks the return of two paintings alleged to have been looted by the Nazis during World War II. The paintings were purchased in or around 1971 by the Norton Simon Museum of Art in Pasadena, California (“the Museum”), and are now on display there. Saher brought this ...   MORE>>