Archive for June, 2007

Can you appeal a remand order?

Monday, June 18th, 2007

The Supreme Court said no today in Powerex Corp. v. Reliant Energy Services, Inc., but civil procedure buffs should be sure to read Breyer’s dissent. I think he likely makes the better argument here, arguing that appeal of a remand order has to be available in a case like this or
the FSIA [Foreign Sovereign [...]

CCBill Amended

Tuesday, June 5th, 2007

The Perfect 10 v. CCBill decision from the 9th Circuit on March 29 was amended last Thursday to add a footnote regarding the meaning of “intellectual property” in Sec. 230 (the CDA). It responds to a point in Perfect 10’s petitions for rehearing and rehearing en banc (which were denied) that the 9th Circuit’s [...]