Communications & Media Law › Civil Procedure › Civil Rights

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

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

Employment Law Newsletter - January 2013

In This Issue: - The Definition of “Supervisor” Under Title VII of the Civil Rights Act of 1964 - Who Owns Your Twitter Account? - Excerpt from Who Owns Your Twitter Account? Do you have a Twitter...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

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Strike per California's Anti-SLAPP Law

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

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Dismiss Defamation Complaint 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

Discoverability of Social Networking

Two recent employment discrimination cases, though differing in their outcomes, make it clear to litigants that information posted on social networking sites (“SNS”) is fair game. ...more

Time For Your Sexual Holiday Party

Well, your company is certainly not intending for it to be a sexual holiday party. But, truth be told, it wouldn’t be the first story of an off-site end-of-the-year holiday shindig (with complimentary alcohol) that got a bit...more

Naffe v. Frey, et al.

Motion to Strike Under Calilfornia's Anti-SLAPP Law

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

Naffe v. Frey, et al.

Motion to Dismiss Complaint for Defamation and Other Claims for Failure to State a Claim - 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

Boarding School Review, LLC v. Delta Career Education Corp.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12(b)(6))

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Second Federal Court Tackles Absence of Closed Captions in Netflix Web-Streaming

In the wake of a federal district court in Massachusetts rejecting arguments by Netflix that its “Watch Instantly” streaming website is not a “place of public accommodation” under the Americans with Disabilities Act (ADA), a...more

Massachusetts Federal Court Finds On-Demand Web Streaming Service Falls within the ADA’s Scope

On June 19, the U.S. District Court for the District of Massachusetts ruled that Netflix’s “Watch Instantly” on-demand movie and television streaming service is a “place of public accommodation” subject to the Americans with...more

Federal Court Holds in ADA Suit that Netflix Web Streaming Can Be “Place of Public Accommodation”

A federal district court in Massachusetts has rejected arguments by Netflix that its “Watch Instantly” streaming website is not a “place of public accommodation” under the Americans with Disabilities Act (“ADA”), and...more

CNN Must Defend Lawsuit over Online Captioning

A California court recently ruled that a lawsuit in which a group representing deaf citizens contended that CNN must provide captioning for videos uploaded to its website may proceed. The group, The Greater Los Angeles...more

Put Up Your Dukes: Supreme Court Hands Advertisers New Weapons to Fight Spurious Class Actions

Employers are heralding the U.S. Supreme Court's decision this week in Wal Mart Stores, Inc. v. Dukes, 564 U.S. __, No. 10-277 (June 20, 2011), which decertified a class of 1.5 million current and former Wal-Mart employees....more

THE LAW OF UNINTENDED CONSEQUENCES

SUPER INJUNCTIONS, TWITTER, THE PERCEIVED IMPOTENCE OF THE ENGLISH COURTS IN THE U.S. AND SCOTLAND, CRISES IN THE CONSTITUTIONAL SETTLEMENT..... Every day sees a new twist in the ongoing media driven frenzy. For once, this...more

Internet Solutions Corporation v. Marshall

Brief of Amicus Curiae, Media Bloggers Association, Inc. in Support of Appellee, Tabatha Marshall

The 11th Circuit certified the following question to the Florida Supreme Court: "Does posting allegedly defamatory stories and comments about a company with its principal place of business in Florida on a non-commercial...more

Scheier v. City of Snohomish, et al.

Order Denying Defendants' Motion for Summary Judgment

This was a civil rights case where a photographer who was detained for photographing power lines near a power-station brought claims based on her detention and arrest. Defendants moved for summary judgment based on qualified...more

Scheier v. City of Snohomish, et al.

Plaintiff's Opposition to Defendants' Motion for Summary Judgment on Municipal Liability

This was a civil rights case where a photographer who was detained for photographing power lines near a power-station brought claims based on her detention and arrest. Defendants moved for summary judgment on the issue of...more