If hard cases make bad law, maybe it follows that unusual cases yield bizarre results. Proof can be seen in a ruling on Yahoo's battle against French groups opposed to the online sale of Nazi memorabilia. Statistics show that a party that loses in trial court faces an uphill battle on appeal. One might think that affirmance of a judgment would be a certainty after arguments for overturning a trial court's decision are rejected. But, says Howard J. Bashman, as the 9th Circuit ruling shows, you'd be wrong.
In Nazi Memorabilia Fight, Yahoo Can't Win for Losing
Special to Law.com
January 23, 2006