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.
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In Nazi Memorabilia Fight, Yahoo Can't Win for Losing
Special to Law.com
January 23, 2006
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