Communications & Media Civil Procedure Civil Rights

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News & Analysis as of

Ninth Circuit Holds That ADA Is Applicable Only to “Actual, Physical Place”

The decision in Earll v. eBay finds that a website business not connected to any physical place is not a “place of public accommodation” for purposes of Title III of the ADA....more

Social media postings in sexual harassment litigation

Sexual harassment litigation typically involves accusations of unwelcome sexual conduct or comments in the workplace. Sometimes allegations are simply denied. More often, however, defendants assert that plaintiff either...more

CA Supreme Court: New Duties for Businesses Regarding Having Defibrillators on-site; and Whether Anti-Discrimination Statutes Also...

California Rule of Court 8.548 permits the Ninth Circuit to certify questions of California state law to the California Supreme Court. On average, this happens a handful of times per year. Over the past five years, the...more

Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics ...more

Website Names the Top Ten Most Ridiculous Lawsuits of 2014

December saw two posts about the depressing demise of TRIA, so we thought we’d end the year on a considerably lighter note. FacesOfLawsuitAbuse.org is a U.S. Chamber of Commerce project that addresses this country’s...more

Advertising Law - December 2014 #4

Privacy Authorities to App Marketplaces: Post Links to Privacy Policies - An international coalition of 23 privacy regulators released a plea to app marketplaces to act like “a responsible corporate citizen” and make...more

California Employment Law Notes

Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

Federal Court Dismisses Complaint Against EEOC for Unauthorized Use of Employer’s E-Mail System

Late last year we reported that Case New Holland, Inc. (CNH) had sued the EEOC after learning that the agency, in the course of investigating a claim of age discrimination, had sent a blast email. This email was linked to a...more

FCC Regulations On Phone Call Captioning Held To Be Arbitrary and Capricious

On June 20, 2014, the D.C. Circuit Court of Appeals vacated two FCC regulations on phone call captioning technology designed for the hearing impaired, holding that the rules were made arbitrarily and capriciously in violation...more

Websites Hit with Demand Letters on Accessibility Issues Despite Courts' Rejection of Claim

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

Websites Hit With Demand Letters on Accessibility Issues Despite Courts’ Rejection of Claim

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

Royal Charter Appeal Dismissed

On 18 March 2013, the government, following the recommendations of the Leveson report, proposed a Royal Charter on press regulation. The Press Standards Board of Finance Limited (PressBoF), the body charged with raising a...more

The Future is Here - Is the Internet a Place?

The California Supreme Court has certified a question for review posed by the Ninth Circuit – Is the internet a “place of public accommodation” as described in the California Disabled Persons Act (“DPA”), Civil Code §§ 54, et...more

Ninth Circuit Asks California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations”...

Court Also Holds Failure to Closed-Caption Online Videos is Not Intentional Discrimination Under State Unruh Civil Rights Act, and that Website Decisions Whether to Caption Occur in Furtherance of First Amendment Rights Under...more

Court Upholds New Jersey’s Ban on Unemployment Discrimination in Job Advertisements

New Jersey’s law prohibiting discrimination against the unemployed in job advertisements – the first of a new crop of similar state and municipal laws – is constitutional, according to a recent New Jersey appeals court...more

Facebook “Like” Is Protected First Amendment Speech

I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing. In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment. A...more

Employment Law -- Jul 30, 2013

In NYC It Pays To Be Sick - Beginning next year, employees in New York City will be entitled to paid sick leave pursuant to a new, somewhat complex statutory scheme. ...more

Woodbridge Structured Funding, LLC v. Pissed Consumer, et al.

Opinion and Order Denying Disclosure of Identity of Anonymous Website Commenters

The petitioner sought an order forcing PissedConsumer.com, an Internet message board, to provide— on virtually no notice, and without any notice to the third parties involved — information identifying one or more anonymous...more

The Employment Law Authority - May/June 2013

I This Issue: - “Facebook Firing” Ruling Favors Employer - Workplace Strategies Hits New Highs - EEOC Issues Updated Guidance For Specific Disabilities - Genetic Discrimination Suit Settles - Third Circuit Sides...more

Naffe v. Frey, et al.

Ruling DISMISSING Complaint under FRCP 12(b)(1) and Section 1983 claim under FRCP 12(b)(6) with Prejudice, etc.

Per Kenneth White, blogger at Popehat.com: http://www.popehat.com/2013/04/19/victory-for-blogger-patterico-in-free-speech-case/ : "Patrick Frey, also known as Patterico, has been living under the cloud of a frivolous,...more

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Dismiss First Amended Complaint for Failure to State a Claim (FRCP 12(b)(6))

In his Renewed Motion to Dismiss (“the Motion”), Mr. Frey established that the First Amended Complaint (“FAC”) fails utterly, as did its predecessor, to meet the standards required to sustain a lawsuit under Fed. R. Civ. P....more

Woodbridge Structured Funding, LLC v. Pissed Consumer, et al.

Response Opposing Order to Show Cause Seeking the Identity of Anonymous Website Commenters Pursuant to CPRL 3102

The petitioner sought an order forcing PissedConsumer.com, an Internet message board, to provide— on virtually no notice, and without any notice to the third parties involved — information identifying one or more anonymous...more

In Clapper v. Amnesty International, Supreme Court Dismisses Privacy Suit for Lack of Article III Standing: Poses a Clear and...

In 2008, the Foreign Intelligence Surveillance Act (FISA) was amended, broadening the surveillance powers of the federal government with respect to communications outside of the United States. In Clapper v. Amnesty...more

Naffe v. Frey, et al.

Brief in Support of Motion to Dismiss First Amended Complaint for Failure to State a Claim (FRCP 12(b)(6))

From the Introduction: This is a motion to dismiss Plaintiff’s First Amended Complaint (“FAC”). In moving to dismiss the first Complaint filed in this action, defendant John Patrick Frey (and former defendant Christi Frey)...more

Naffe v. Frey, et al.

Tentative Ruling on Motion to Dismiss per FRCP 12(b)(6)

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

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