U.S. Courts News Reporter
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In Andy Warhol Foundation for the Visual Arts v. Goldsmith, the justices get another chance to offer their take on the “fair use” doctrine in copyright law. The case involves a set of images Andy Warhol based on a 1981 photograph of Prince by the award-winning photographer Lynn Goldsmith, herself famous for iconic photographs of musicians like Roger Daltrey and Bruce Springsteen. All agree that Warhol used the Goldsmith image as a basis for his images; Vanity Fair … Read the rest
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In Tuesday’s oral argument, the Supreme Court grappled with three main issues in Arellano v. McDonough, a case about retroactive disability benefits for veterans who failed to apply for those benefits within the one-year window prescribed by a federal statute. First, the court looked into whether 38 U.S.C. § 5110(b)(1) is a statute of limitations to determine whether the Irwin presumption, which allows for equitable tolling, applies. Second, if it is a statute of limitations, the court pondered … Read the rest
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The last few decades have witnessed the working out in several cases of a sustained disagreement between the Supreme Court and California legislators and judges. The Supreme Court has taken the view that the Federal Arbitration Act compels the enforcement, in state and federal courts, of pre-dispute arbitration agreements. Accordingly, the justices have rejected every effort to undermine the capacious application of those agreements to shift disputes between businesses and employees or customers from courts to arbitrators. California, acting … Read the rest