Tag Archives: UK

An American View On Brexit

Keep Calm for He Is An Englishman The most surprising thing about the Brexit vote, to me, was that there was a Brexit vote—that the question was put to a nationwide referendum. Many US states made provisions in their constitutions for referenda and initiative petitions in their constitutions during the Progressive Era. Even my own state, Massachusetts, did it—the only New England state other than Maine to do so. This year’s crop includes an initiative petition to prevent cruelty to farm animals, one to increase the tax on incomes over $1 million, and one to legalize possession of marijuana under Massachusetts law. Not exactly Brexit-level questions.
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Case of the Day: Comcast v. Hourani

The case of the day is Comcast Cable Communications, LLC v. Hourani (D.D.C. 2016). Issam Hourani was plaintiff in a libel action in England against PsyberSolutions LLC, Allison Blair, Alistair Thomson, and Bryan McCarthy. The claim was that the defendants had falsely asserted that Hourani was involved in the abduction, torture, rape, and murder of Anastasya Novikova in Beirut in 2004. The English complaint alleged that the defendant published the allegedly libelous statements on Facebook, Twitter, and YouTube. Hourani claimed that an unknown Comcast subscriber using a computer with a particular IP address was “hired to stage fake performances to defame and cause harm” to him and to “film the performances to be uploaded onto websites and social media sites.” In 2015, the English court ordered Comcast to disclose to Hourani the identity of the users of a particular IP address.
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Case of the Day: Fleischer Studios v. AVELA

The case of the day is Fleischer Studios, Inc. v. AVELA, Inc. (C.D. Cal. 2016). Fleischer and Hearst Holdings, Inc. sued AVELA for trademark infringement in the English High Court. The court issued an “Interim Award” in favor of the plaintiffs. AVELA sought a stay pending appeal, but the Court of Appeal in the UK denied the motion. AVELA’s appeal was stricken when it failed to post security. Fleischer and Hearst then sought recognition and enforcement in California.
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