John H. Ray, IIIMay 8, 20206 minREASSESSING THE LIMITS OF CIVIL RIGHTS LIABILITY AGAINST THE STATE IN LIGHT OF THE ARBERY CASEWhat do you call a person who is authorized by the state to drive almost anywhere around the state making arrests of any person upon...
John H. Ray, IIIFeb 16, 20202 minThe Proposed Meet and Confer Requirement to Rule 30(b)(6) Helps, But Falls ShortRule 30(b)(6) depositions of organizations are a guessing game. The noticing party must guess as to (or discover during the course of...
John H. Ray, IIIFeb 16, 20203 minExpanded Corporate Disclosure Requirement for Proposed Amendment to Federal Rule 7.1Currently, Rule 7.1 of the Federal Rules of Civil Procedure only requires nongovernmental corporate parties to file a statement that "(1)...
John H. Ray, IIIFeb 6, 20203 minSecond Circuit Rejects Proportional Attorney Fee Limitation in FLSA Cases in Fisher v. SD ProtectionAlthough district courts in the Second Circuit have "routinely appl[ied] a proportionality limit on attorney's fees in FLSA actions," in...
John H. Ray, IIIMar 10, 20198 minFIRST AMENDMENT REVIEW: Pennsylvania v. Jamal Knox, 190 A.3d 1146 (Pa. 2018)In his concurring opinion in McKee v. Cosby, No. 17-1542, 2019 U.S. LEXIS 827 (U.S. Feb. 19, 2019), Justice Thomas recently questioned...
John H. Ray, IIIFeb 9, 20193 minThe Myth That Salary Precludes OvertimeEven sophisticated employers equate overtime with hourly employment. But the Fair Labor Standards Act ("FLSA"), the federal law...
John H. Ray, IIIFeb 8, 20193 minThings to Consider When Responding to a Copyright Infringement DemandThe ease of access to images on the Internet has become a easy trap, falling unwittingly into a copyright infringement claim, for many a...
John H. Ray, IIISep 6, 20184 minRecent Copyright Case Law Review: Goldman v. Breitbart News Network, LLCCopyright infringement in the age of the Internet, and more recent, in the age of social media, has become a treacherous bog to navigate,...
John H. Ray, IIIAug 31, 20185 minRecent Copyright Case Law Review: Brammer v. Violent Hues Prods., LLCThe Fair Use Doctrine is firmly rooted in copyright jurisprudence, codified at 17 U.S.C. § 107. It provides that the "the fair use of a...