Ongoing Litigation Research Articles

Estimating the Negative Credit Impacts of Police-involved Fatalities

George Floyd's killing in Minneapolis spotlighted the role of police-involved fatalities that cause immeasurable harm to victims’ families and communities, weaken public trust in government and may lead to civil unrest. Police-involved fatalities place a financial burden on the cities, given the size of awards to victims’ families and the cost of implementing consent decrees. By quantifying the impact of fatal encounters on city credit rating, this study offers evidence for policymakers to make informed decisions regarding policing practices in their cities. Credit ratings incorporate third-party perceptions of local governments’ fiscal, economic, demographic, and political performance. The credit rating agency Moody's has noted “the potential financial impact of ongoing litigation costs” surrounding police-involved fatalities as a driver of downgrading ratings. Our article examines the impact of fatal encounters on the creditworthiness of the 150 largest US cities from 2000 to 2019. We observe a consistent negative correlation between police-involved fatalities and credit ratings among all the model estimates. These correlations remain statistically significant over time. We also estimate that the larger the share of non-white victims of police violence, the lower the cities’ credit ratings are.

Sądowe zniesienie wspólności autorskich praw majątkowych jako postępowanie wyłączone spod kognicji sądów własności intelektualnej. Studium przypadku

The article is of a scientific and research nature and presents the problem of a possible cancellation of joint ownership of the copyright in non-litigious proceedings during litigation between the same parties concerning the infringement of copyright to an audiovisual work. In connection with the doctrinal dispute regarding the cancellation of commonality of copyright, the authors present arguments in favour for such a possibility in light of the provisions of both copyright law and civil law, and they discuss the procedural provisions related to such cancellation. An important aspect of the problem addressed in this paper is also the impact of the proceedings for the cancellation of commonality of copyright on the ongoing litigation proceedings between the same parties concerning the infringement of the author’s economic rights. As a result of the analysis of the current legal status, taking into account the events of a past court case, the authors present conclusions of the law as it stands with regard to the need for changes in civil procedure – the proceedings in intellectual property cases. It should be emphasized that the addressed research problem concerning the mutual relation between the substantive law provisions and the civil procedure in the scope of cancellation of commonality of the author’s economic rights has not hitherto been described by legal scholars and commentators.

Factors Associated with Delta-8 THC Retail Availability in Fort Worth, Texas, 2021–2022

Background: Delta-8 THC is a federally unregulated psychoactive cannabis product rising in popularity. However, little is known regarding its retail availability. Method: We assessed Delta-8 THC retail by calling locations with alcohol, tobacco, and/or consumable hemp retail licenses in Fort Worth, Texas, before and after Texas announced ongoing litigation surrounding Delta-8 THC legality. We linked census block area deprivation index (ADI) scores (1–10; 10 = most disadvantaged) to locations. Logistic regression models examined associations between license type, ADI, ADI*license type interaction, and Delta-8 availability at each time. Results: Retail availability was 11% at Time 1 (n = 133/1,223) and 9% at Time 2 (n = 94/1,026). Alcohol (aORTime1 = 0.18, 95%CI = 0.12,0.28; aORTime2 = 0.14, 95%CI = 0.08,0.24), tobacco (aORTime1 = 15.13, 95%CI = 6.78,33.74; aORTime2 = 12.39, 95%CI = 4.97,30.91), and consumable hemp licenses (aORTime1 = 21.85, 95%CI = 7.91,60.39; aORTime2 = 22.93, 95%CI = 6.92,75.98) were associated with Delta-8 THC retail availability; ADI scores were borderline but not statistically significant. The multiplicative interaction at Time 2 indicated locations with both high ADI scores and alcohol retail licenses had higher odds of selling Delta-8 THC. Differential associations between ADI and Delta-8 THC availability were observed based on those with (b = 0.007) or without (b = −0.023) alcohol retail licenses. Conclusions: Both timepoints had similar proportions of Delta-8 THC retailers, indicating that despite the uncertain legal landscape in Texas, interest in Delta-8 did not appear to be declining. Geographic socioeconomic disparities were observed among locations with alcohol retail licenses. Future regulations may include minimum distances from specific locations (e.g., schools), particularly in more disadvantaged areas. Increasing the compliance of Texas Delta-8 THC retailers to have the required hemp license is important for surveillance and product safety.

A Scanner Darkly: Copyright Liability and Exceptions in Artificial Intelligence Inputs and Outputs

Abstract This article delves into the legal issues surrounding the use of copyrighted works in training artificial intelligence (AI). It examines two critical questions: firstly, whether accessing and analysing copyrighted works for AI training constitutes copyright infringement; and secondly, whether outputs generated by AI from these inputs infringe on copyright. The primary focus is on the United Kingdom’s jurisdiction, with comparative analyses from EU law and a few US cases. The article aims to bring clarity to these multifaceted legal issues by thoroughly exploring the technicalities of machine learning and its implications for ongoing and future litigation. The hypothesis suggests that most inputs may fall under existing exceptions and limitations, but the outputs’ legality may depend on individual case specifics. The conclusion reflects on the inevitable legal challenges that accompany technological advances, as happened in the past with file sharing and the early World Wide Web. The article highlights the current stage of AI technology and law, suggesting that legal precedents or legislative actions might eventually settle disputes. It also emphasizes the importance of finding technological solutions – like metadata standards or proactive initiatives – to balance copyright holders’ rights with AI innovation. The article concludes by acknowledging the irreversible emergence of AI in our lives and the legal system’s need to adapt, offering equitable solutions to copyright holders while fostering technological advancement.

PLATFORMS, POWER & ADVERTISING: ANALYSING RELATIONS OF DEPENDENCY IN THE DIGITAL ADVERTISING ECOSYSTEM

This paper examines how dominant institutional actors exercise power and control over the digital advertising ecosystem. It pursues this inquiry through a case study on the 2021 introduction of Apple’s App Tracking Transparency (ATT) feature—a privacy setting newly integrated in the operating system of iOS mobile devices. Developing this case study, we ask: How do dominant market actors exercise control over the infrastructural layers of the ‘mobile ad stack’ and how do they gain access to end-user data? These questions are addressed through a mix-methods approach that involves (A) analysis of developer documentation provided by Apple, (B) a review of ongoing litigation, and (C) analysis of financial disclosure forms of two ad-driven platforms Meta and Snapchat. This inquiry shows, first, how and why Facebook and Google, each in their own way, have been highly successful in their ability to aggregate both ad inventory and accurate, real-time user data. Second, it demonstrates how ATT blocked the access of advertising platforms to a key part of this real-time user data, while, simultaneously, enabling Apple to gain control over end-users’ mobile data. Thus, the rollout of ATT and its subsequent shifts in revenue and data demonstrate the relational and constantly evolving nature of institutional power in the mobile advertising ecosystem.

Permeable Housing

This article explores how water acts on permeable housing and the documentary infrastructures that mitigate its impact and enable its flows. It does so through consideration of ongoing litigation brought by public housing tenants at the remote communities of Ltyentye Apurte (Santa Teresa) and Laramba in the Northern Territory of Australia for incomplete repairs and unsafe drinking water. I offer a distinction between pragmatist and functionalist housing, as competing concepts for framing, respectively, the impact of entrenched low expectations on remote housing performance and management and the minimum amenity that contemporary housing should provide. The litigation by Ltyentye Apurte and Laramba householders is notable for challenging the habitability standard that remote community housing must meet and for introducing the provision of safe drinking water as a matter of habitable housing. While water searches out cracks and refuses expulsion from the housing assemblage, necessitating repairs and maintenance, such mobility provides a challenge for allocating specific obligations to various settler colonial authorities that are collectively involved in maintaining house function. Drawing on close analyses of a series of legal decisions, the article examines how legal frameworks and intra-governmental funding arrangements are employed to eschew responsibility for safe drinking water inside remote community housing.

Climate Constitutionalism as a Foundation for Climate Litigation in Latin America

Abstract Climate emergency is one of the facets shaping the current stage of ecological imbalance and requires action to be taken. The trend to address conflicts involving climate change by legal means is clearly on the rise, and the article argues that this calls for an evolving constitutional dialogue on human rights. The article examines the phenomenon, particularly in Latin American countries, explaining how past development of constitutions in the region, for all its precarious effectiveness, has already served to consolidate a path demanding judicial review in matters affecting human rights of constitutional stature. It argues that this path is being pursued by the ongoing climate litigation in Latin America. Based on case discussions, the article demonstrates how compliance with the Paris Agreement has been assimilated as a commitment to constitutional protection of human rights in the region, and how this process must deepen, taking into account regional vulnerabilities and future developments, in order to strengthen the fundamental human right not only to mitigation, but also to adaptation and equitable transitions.

The duty to remove asylum seekers under the Illegal Migration Act 2023: Is the government's plan to ‘Stop the Boats’ now doomed to failure?

With ‘Stop the Boats’ high on the government agenda, legislation has come into force to try and uphold this pledge. However, the methods the government is deploying to bring about this stated aim are highly controversial and potentially unlawful. In the latest government attempt to halt the crossings, the Illegal Migration Act 2023's central provision places a duty on the Home Secretary to remove those who arrive in the UK by irregular means ‘as soon as reasonably practicable’. However, the section of the Act that places this duty on the Home Secretary has not yet come into force. This is largely because the Home Secretary does not currently have a lawful agreement with any third country to remove people to. The so-called ‘Rwanda asylum deal’ that the duty in the Act relies upon to operate was ruled unlawful by the Court of Appeal in June 2023. This article will consider the enforceability of the duty outlined at s.1(2)(a) of the Illegal Migration Act 2023 in light of developments in the ongoing litigation regarding the lawfulness of the UK government's Rwanda asylum deal and the broader motivation and implications of pursuing such a policy to address the so-called ‘small boats crisis’.

Hypnosis for acquired brain injury: Four patient cases and five testable predictions

Recent studies have found large treatment effects of hypnotic suggestion on cognitive impairment following acquired brain injury. However, little is known about the underlying mechanisms of these effects. A general framework is presented in which (1) a substantial part of cognitive brain-injury sequelae can be attributed to negative self-expectancies, and (2) hypnosis is a powerful way to manipulate negative self-expectancies. Four cases exemplify and add to this framework. First, mental imagery of brain recovery can be effective even if it does not correspond to the "real" physical brain injury. Second, some patients do not subjectively experience improvement despite large objective improvements. Third, some patients inhibit positive treatment effects in contexts where this is incentivized, e.g., when they are evaluated for monetary compensation during an ongoing litigation. Fourth, pre-injury autobiographical memories may be an important precondition for positive treatment effects. We conclude with five testable predictions, which can further optimize hypnosis for acquired brain injury.

'Is your accuser me, or is it the software?' Ambiguity and contested expertise in probabilistic DNA profiling.

What happens when an algorithm is added to the work of an expert group? This study explores how algorithms pose a practical problem for experts. We study the introduction of a Probabilistic DNA Profiling (PDP) software into a forensics lab through interviews and court admissibility hearings. While meant to support experts' decision-making, in practice it has destabilized their authority. They respond to this destabilization by producing alternating and often conflicting accounts of the agency and significance of the software. The algorithm gets constructed alternately either as merely a tool or as indispensable statistical backing; the analysts' authority as either independent of the algorithm or reliant upon it to resolve conflict and create a final decision; and forensic expertise as resting either with the analysts or with the software. These tensions reflect the forensic 'culture of anticipation', specifically the experts' anticipation of ongoing litigation that destabilizes their control over the deployment and interpretation of expertise in the courtroom. The software highlights tensions between the analysts' supposed impartiality and their role in the courtroom, exposing legal and narrative implications of the changing nature of expertise and technology in the criminal legal system.

A-03 Preliminary Evidence for Motor Vehicle Accidents and Associated Concussion Response Severity in Older Adults

Abstract Purpose To determine if mechanism of injury is associated with differences in initial response to concussion in older adults. Methods Fifty older adults (54% female) aged 50-84 (59.14±6.54) were recruited from a sports medicine concussion clinic at initial appointment. Inclusion criteria included age (50+) and injury date within the last year. Exclusion criteria included prior diagnosis of a neurological disorder and/or brain malformation, psychiatric diagnosis other than anxiety/depression, prior history of moderate or severe brain injury, and/or ongoing litigation. Mechanism of injury in the sample included 22 falls/accidents (44%), 20 MVAs (40%), 2 sport/recreation (4%), 1 assault (2%), and 5 other (10%). Participants were assigned to two independent groups, MVA and Non-MVA. Outcome measures included Vestibular/Ocular-Motor Screening (VOMS), Immediate Post-Concussion Assessment and Cognitive Testing (ImPACT), and Concussion Clinical Profile Screening (CP Screen). Response severity was operationalized by VOMS Total and CP Screen Total. Two-tailed independent t-tests (alpha<.05) examined differences between groups at initial visit. Results There were no significant differences between groups in terms of demographics or other common risk factors. There were no differences between groups for response severity. The MVA group reported more severe vestibular complaints t(41) =2.07, p=.044, more severe cognitive complaints, t(44)=3.68, p<.001, and demonstrated worse scores on domains of visual memory, t(43)=-2.16, p=.037, reaction time, t(43)=3.07, p=.004, and visual motor speed, t(43)=-2.85, p=.007. Conclusions MVA-related concussions may result in more focal disruption of vestibular and cognitive performance in older adults. Future research is warranted to confirm the findings of this study, to explore potential explanations for these findings, and to further explore how concussion presents in older adults.

Opioid Litigation: Lessons Learned from a Retail Pharmacy Settlement

As the opioid epidemic continues in the United States and ongoing litigation seeks to hold contributors responsible, state governments have initiated lawsuits against retail pharmacies for their role in contributing to the crisis. This article summarizes an action the State of West Virginia brought against CVS, which the parties recently settled in the fall of 2022. This article examines the unique position of retail pharmacies like CVS, which often serve as both distributors and dispensers, in contributing to the oversaturation and illicit diversion of opioid prescriptions. The article concludes by assessing the viability of potential causes of action against retail pharmacies in opioid litigation.

Know how to comply with changes to NCAA infractions process, transfer rules

The NCAA recently announced changes to both the infractions process and transfer rules, which are reflective of the new reality surrounding college sports. With antitrust concerns, ongoing litigation over the possible employment status of student‐athletes, and name, image, and likeness issues permeating the NCAA's agenda, both changes allow the NCAA to stay relatively current on two important issues.

Racializing Trade in Corn: México Fights Maíz Imports and GMOs

ABSTRACT International economic law (IEL) is racialized in México. This is evident with the North American Free Trade Agreement, US Mexico Canada Agreement (USMCA), and ongoing litigation changing how Mexicans grow, buy, and consume corn. Racialization develops from law privileging foreign access, at the cost of domestic abilities to counter economic entry. This has domestic and international consequences. Mestizo, campesino, and Indigenous sectors disproportionately bear the domestic effects of corn imports and GMO (genetically modified organism) corn. Imports and GMOs displace rural labor. Meanwhile, GMOs irreparably harm biodiversity. The USMCA protects ‘trade in’ GMOs while simultaneously discounting sovereign determinations by Mexican regulators. This echoes international law’s history of racist reasoning to exclude Global South states. This article proposes racial capitalism methods to pinpoint how and where IEL racializes cross-border trade. They show how neoliberal laws resulted in price spikes, labor migration, and unhealthy diets. Current GMO controversies open the door to two IEL paths: resistance or market access. As resistance, Mexican court rulings based on Precautionary Principle norms prohibit GMO corn seeds. With market access, the USMCA harmonizes biotechnology regulations, effectively trumping determinations by Mexican authorities. In sum, as neoliberal and current developments show, IEL racializes trade with disproportionate consequences felt domestically and by displacing Mexican sovereignty internationally.

FATCA, CRS and Public BO registers: a report on the direction of travel—the next 12 months

Abstract The author represents a number of clients in ongoing litigation against the excessive nature of public registers of beneficial ownership, the US Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS). Cases are pending before the courts in Austria, Germany, Luxembourg and the UK. The question relating to the compatibility of public registers of beneficial ownership with individuals’ fundamental rights to privacy and data protection is currently before the Court of Justice of the European Union (CJEU). The European Union’s Advocate General has already issued his opinion and a judgment is expected in the coming months.

Perspective on Wildgrass Oil & Gas Committee v. Colorado Oil & Gas Conservation Commission and the Embracing of Associated Standing

The ongoing litigations between the Wildgrass Oil & Gas Committee (“Wildgrass”) and, among others, the Colorado Oil & Gas Conservation Commission (“COGCC”) serve as a microcosm of the political and legal horizons that define the microscope used to examine Colorado oil and gas development. This set of litigations began administratively with the application for permits before the COGCC and, over the passage of time, weaved its way through the District Court of the City and County of Denver (the “State District Court”), the United States District Court for the District of Colorado (the “Federal District Court”), the Colorado Court of Appeals (the “Court of Appeals”), and finally the United States Court of Appeals for the 10th Circuit (the “10th Circuit”). As of the time of this writing, the State District Court action remains currently unresolved since the Court of Appeals remanded the case. This Article will provide an overview of these litigations and the Authors’ thoughts and insights as to the political and regulatory environment of these judicial decisions, including an emphasis on associated standing by the Court of Appeals.

Time for a Change in Hospital Governance

No abstract available. Article truncated after 150 words. The SWJPCCS has been following the case of nine oncologists who filed a lawsuit against the Anne Arundel Medical Center (AAMC), in Annapolis, Maryland, last year (1). The oncologists claimed that the hospital chose profit over the needs of cancer patients, as it slashed oncology care services to cut costs, and both fired and denied them hospital privileges when they complained. At that time, the oncologists were not free to respond because of the ongoing litigation, but now that the lawsuit is over and the dust has settled, they are free to speak, and they contacted Medscape Medical News to tell their side of the story (2). AAMC is a private, not-for-profit corporation that operates a large acute care hospital in Annapolis, Maryland. It is affiliated with Luminis Health, the parent company of the medical center. Until October 23, 2020, the nine oncologists were employed by the Anne Arundel Physician …

A Case Study in Globalized Agribusiness Ethics: An Herbicide in the Spotlight

This case study considers the growth, industrialization, and globalization of agribusiness in feeding the world, and the efficiencies sought through various innovations, especially pesticides. A particular herbicide (a subset of a pesticide) has significant ethical dilemmas, misinformation, disinformation, and possibly big business bias – all surrounding the debate on the continuance of use and potential collateral safety issues. This case considers Corporate Social Responsibility and ethics as well as the tensions between efficiency and collateral issues in business decisions. There are scientific reports that can support various conclusions and ongoing litigations use these in support of rulings that also have gone both ways. This continues to be a dynamic issue as science and court rulings occur, but this case study is of interest and significance to the business, international business, agribusiness, and agronomy fields of study as typical to decisions various stakeholders face.

Opioid Consumption in Chronic Pain Patients: Role of Perceived Injustice and Other Psychological and Socioeconomic Factors.

Background: Chronic pain is a complex biopsychosocial phenomenon. Lifestyle, behavioral, socioeconomic, and psychosocial factors such as depression and perceived injustice are often associated with the development of chronic pain and vice versa. We sought to examine the interaction of these factors with opioid intake. Methods: At our institution, 164 patients with chronic pain undergoing an interdisciplinary assessment within a three-month period participated in the study and completed the Injustice Experience Questionnaire (IEQ). Data regarding opioid intake, pain levels, pain diagnosis, depression, anxiety, stress, quality of life, pain-related disability, habitual well-being, occupational status, and ongoing workers compensation litigation were extracted from the patients’ charts. Results: Approximately one-fourth of the patients used opioids. The IEQ total was significantly higher in patients using Schedule III opioids. Depression, but not the anxiety and stress scores, were significantly higher in patients using opioids. There were no significant differences regarding pain-related disability, habitual well-being, and the coded psychosocial diagnoses. In the patient group without opioids, the percentage of employed persons was significantly higher but there were no significant differences regarding work leave, pension application, or professional education. Conclusions: Opioid use appears to be more closely related to psychological factors and single social determinants of pain than to somatic factors.

Clearing the CRISPR patent landscape: Towards a solution for South Africa

Patenting activity regarding new CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats) genome editing technology has mushroomed to create a vast and complex patent landscape. However, because of South Africa’s current depository patent system, the South African CRISPR patent landscape contains foundational patents with overlapping claims, as highlighted by the ongoing litigation in the United States between the Broad Institute and the University of California. Both these parties were granted four patents in South Africa. Also, the South African landscape may contain multiple low-quality patents that have the potential to obstruct scientific research in South Africa. The solution in the South African context is threefold, but requires that the Intellectual Property Policy of South Africa: Phase I must first be operationalised to: (a) prioritise CRISPR patent applications for formal examination and substantive search and examination; (b) provide sufficient resources for extracurial patent opposition proceedings regarding all CRISPR patent applications and granted patents; and (c) create certainty by developing an obviousness standard with well-defined parameters. Although CRISPR is not yet advanced enough to fall within the class of life-saving technologies in the short-term, CRISPR may become critical in the treatment and eradication of priority diseases such as HIV/AIDS and tuberculosis. Accordingly, prioritising CRISPR-related patent applications serves the public interest in access to healthcare. By using (a), (b) and (c) in tandem, a triple layer of mechanisms will counter the problems of overlapping claims and of lowquality patents, and hence remove these potential obstructions to CRISPR research in South Africa.