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The Supreme Court yesterday granted certiorari in a case raising the question of whether Congress’ passage of a law pertaining to the seizure of Iranian assets violated separation-of-powers principles by effectively directing a particular result in a single Southern District case.  Judge Forrest cited the law in ordering the seizure of $1.75 billion in Iranian…

In a joint letter to the Court filed yesterday, online TV provider Aereo and the major broadcast networks laid out their positions on the next steps in their litigation following the Supreme Court’s recent ruling in favor of the broadcasters.  Despite the Supreme Court’s ruling, the battle appears set to rage on before Judge Nathan.
Continue Reading Another Wrinkle in Aereo Case: Did the Supreme Court Turn Aereo Into a Cable Company?

In a case originating from the Southern District (see our prior coverage here), the Supreme Court today ruled 6-3 that Aereo, a company that streams live broadcast television over the internet (with a slight delay) violates the Copyright Act’s “Transmit Clause,” which gives copyright owners the exclusive right to public performance of their work. From Justice Breyer’s majority opinion:
Continue Reading Supreme Court Rules Against Aereo Internet TV Service

In a statement regarding the denial of certiorari today, Justice Alito was critical of the practice of Judge Baer (noted in our post here) of requesting law firms staff class actions with lawyers reflecting the gender and racial makeup of the class. Justice Alito agreed that the matter did not merit Supreme Court review because of the “uniqueness of th[e] practice,” but stated that he found it objectionable:
Continue Reading Justice Alito Criticizes Judge Baer’s Practice of Seeking Diversity for Class Counsel