CourtSide - The FindLaw Breaking Legal News Blog

July 2014 Archives

A federal appeals court has denied Fox's bid to shut down the Dish Anywhere streaming platform. The Ninth Circuit Court of Appeals ruled in favor of TV streaming just three weeks after the Supreme Court shut down Aereo for streaming TV over the internet without permission.

So why did a California federal court give the green light to Dish to continue selling a service so similar to Aereo?

Fox had argued that Dish "engages in virtually identical conduct when it streams Fox's programming to Dish subscribers over the Internet--albeit also in violation of an express contractual prohibition--has repeatedly raised the same defenses as Aereo which have now been rejected by the Supreme Court."

Fox asked the 9th Circuit to impose a preliminary injunction, one that would put a halt to the service.

In a short four-page opinion (attached below), the judges found that Fox's claim that it would be "irreparably harmed" without an immediate block to Hopper was not credible.

Immigrant advocacy groups have sued the federal government for a failure to provide legal representation for immigrant children facing deportation.

The class-action lawsuit (attached below) alleges the government is violating due process by having children navigate the complex immigration legal system alone.

The suit comes as the Obama administration scrambles resources to meet a surge of unaccompanied minors arriving at the nation's southwest border. The complaint seeks to require agencies to provide children with legal representation at deportation hearings.

"The government pays for a trained prosecutor to advocate for the deportation of every child. It is patently unfair to force children to defend themselves alone," said Ahilan Arulanantham, senior staff attorney with the ACLU's Immigrants' Rights Project. "Their ability to grasp what is at stake and even just perform the act of talking to a judge is virtually nonexistent.

"A 10-year-old cannot make legal arguments and cannot even make reliably accurate factual statements that a court can rely on in deciding that child's case."

The lawsuit was filed in U.S. District Court in Seattle by the American Civil Liberties Union, the American Immigration Council and other groups on behalf of children facing deportation hearings.

Lindsay Lohan has filed a lawsuit against the makers of "Grand Theft Auto V," alleging they used her likeness without permission for a character in the hugely popular video game.

Lohan's lawsuit (filed in New York and attached below) alleges that Rockstar Games and Take-Two Interactive's use of a character named Lacey Jonas is an "unequivocal" reference to the 28-year-old actress.

The Jonas character appears in the game hiding from paparazzi and asks one of the main characters for a ride. "Please, I'm hardly wearing any makeup," the Jonas character says. Later, Jonas gets frustrated when the main character doesn't recognize her. "I'm really famous!" she says, as they evade photographers.

For months ahead of the game's release, the complaint claims, the companies promoted the Lacey Jonas character and a side plot that must be rescued from paparazzi.

Lohan starred in the 2004 movie "Mean Girls," but in the decade since has become better known for her legal issues (including theft and reckless driving) and six rehab stints.

In 2000, Lohan sued E-Trade over a commercial that featured a "milkaholic" baby named Lindsay. Then in 2011, she filed suit against Pitbull for rapping, "So, I'm tip-toein', to keep flowin', I got it locked up, like Lindsay Lohan."

Lohan's latest lawsuit may well come down to her "rights of publicity" and whether the Jonas character is actually based on her likeness.