Illston put the Google ruling on hold until the 9th U.S. Circuit Court of Appeals could decide the matter.

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The Second Circuit agreed with Caronia and became the first court in the nation to hold that truthful and non-misleading off-label promotional speech is constitutionally protected under the First Amendment and, as a corollary, that off-label promotional speech would not constitute a criminal offense unless the speech was false or misleading.

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Not only that, but since workers were simply an expense item, Circuit City decided to lay off its most experienced (and expensive) workers and hold on the most junior ones.

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