Author Archives: Paul Levy

Bar Grievance Over Allegedly Defamatory Lawyer Blog Is Dismissed on First Amendment Grounds

by Paul Alan Levy Last month I wrote about a proceeding in which Michigan’s Attorney Grievance Commission was investigating Steven Gursten, a Michigan lawyer who had criticized Dr. Rosalind Griffin, a member of the state disciplinary apparatus, for perjuring herself in expert testimony in one of his cases.  I argued that the very process of […]

“Psycho Dentist” Gordon Austin Pays $12,000 in Fees for Having Served Subpoena to Identify His Critic

by Paul Alan Levy The lawyers for Gordon Austin, the former Carrollton Georgia dentist who filed a lawsuit over the YouTube posting of a news report about his indictment for having beat his patients with a dental instrument when, insufficiently anesthetized, they cried out in pain, have now withdrawn his subpoena to identify the poster, paid […]

Can a Bar Grievance Provide Relief Against a Law Blogger When Defamation Law Will Not?

by Paul Alan Levy Dr. Rosalind Griffin, a Michigan psychiatrist who apparently derives a significant part of her income by testifying as a medical expert for parties defending against tort claims, but also serves as a member of the Michigan Attorney Discipline Board — the adjudicatory arm of the Attorney Grievance Commission — has initiated […]

Must Louis Vuitton at last start paying for its trademark bullying?

by Paul Alan Levy Over the past couple of weeks, several bloggers, most impressively Rebecca Tushnet,  have published their analyses of a decision by Judge Jesse Furman granting summary judgment dismissing a lawsuit by Louis Vuitton Malletier against a tiny company called “My Other Bag” which produces a line of canvas totes that poke gentle fun at […]

Georgia Dentist’s Quest to Out YouTube User For Preserving Unflattering Newscast

by Paul Alan Levy A few years ago, Gordon Austin, a Georgia dentist from the small town of Carrollton, about 50 miles west of Atlanta, was indicted on multiple charges stemming in part from Medicare fraud and in part for a series of incidents in which he beat patients with a dental instrument. According to […]

Important Seventh Circuit Discussion of Libel Injunctions

by Paul Alan Levy Last week the Seventh Circuit addressed several recurring issues pertaining to libel law in McCarthy v. Fuller,  a case involving a falling out between by two sets of religious advocates pertaining to the holiness of certain alleged apparitions of the Virgin Mary.   (Choice characterization on Techdirt:  “The details of the actual […]

Mall of America Gets Narrow TRO Barring Three Individuals’ “Demonstration” Inside Its Structure, but No Order Against Avdocacy of a Demonstration

by Paul Alan Levy In a case litigated over the past few days, the Mall of America filed an action against several leaders of Black Lives Matter in Minneapolis who had called a demonstration, to be held inside the famous shopping mall, to protest a police shooting in the area.  The TRO sought to bar […]

Will Bogdan Builders Seek an Injunction Against Criticism on a “Harassment” Theory?

by Paul Alan Levy This morning I attended a hearing at the D.C. Board of Zoning Adjustment in a case relating to a neighborhood issue in which I have been engaged – an appeal by our local Advisory Neighborhood Commission of the issuance of a building permit that allows Bogdan Builders to “pop-up” a row […]

Federal Circuit Strikes Down Lanham Act’s Anti-Disparagement Provision as Unconstitutional

by Paul Alan Levy In a decision issued today, the Court of Appeals for the Federal Circuit sitting en banc overruled a 1981 ruling by the U.S. Court of Customs and Patent Appeals and held that the portion of section 2(a) of the Lanham Act that forbids the Trademark Office from registering disparaging trademarks is […]

Philips Uses the Internet of Things to Block Customers’ “Freedom to Innovate”

by Paul Alan Levy The Internet of Things and the world of smart devices has been heralded by industry giants like Philips for the conveniences that it provides for consumers, while allowing companies the “freedom to innovate,” but privacy advocates have long warned about the capabilities that such systems have to invade consumer privacy.  But […]