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Appellate Practice

Jul. 29, 2016

Weekly Appellate Report Podcast #14: OT Preview - Athletica; CASC's Property Reserve ruling

Ben Feuer (Cal. App. Law Grp.) previews a Supreme Court copyright battle over cheerleading outfits, and Rex Heinke (Akin Gump) dissects the CASC's balancing of landowner rights and government agency access.

Today's show continues our summer series previewing SCOTUS' October 2016 term, and reviews a momentous property rights ruling from the California high court.

Ben Feuer (Cal. Appellate Law Group) previews the case of Star Athletica v. Varsity Brands, a copyright wrangle between cheerleader uniform designers that seeks to identify the line between utility and creative art, in the context of clothing design. The ruling will impact the entire garment industry, and other industries as well.

Rex Heinke (Akin Gump Strauss Hauer & Feld) will discuss the Cal. Supreme Court's ruling from last week, in Property Reserve v. Superior Court. There, the state's high court struck a balance between private land ownership interests, and the state's interest in entering private property to conduct feasibility studies for a plan of Governor Brown's to create large tunnels to convey water through California.

Don't forget to get your hour of CLE credit for tuning into the podcast.

Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter

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