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Appellate Court Notes

- SC18927 - State v. Gonzalez - AC35406 - Rodriguez v. State - AC35570 - Tremper v. State - AC35972 - Bouchard v. Deep River [Dumpster diving can be hazardous to your health. As a devotee of the...more

Cracking Down on Hit and Run Via Social Media

About 80 percent of hit and run cases between 2008 and 2012 in the Los Angeles area were never solved, according to the Los Angeles Times. Compare that to the city of Denver, whose police force actually resolves about 78...more

Major Retailers Accused of Selling Dangerous Supplements by New York Attorney General

Since the passage of the “Dietary Supplement and Health Education Act,” the supplement industry has effectively been a wild west of snake oil salesmen foisting their sometimes fraudulent and dangerous miracle cures on the...more

Speaking Ill of the Dead

Maligning the memory of the deceased has been viewed as a reprehensible act since antiquity. The Latin aphorism “de mortuis nihil nisi bonum” – roughly translated as “speak nothing but good of the dead” – has been traced back...more

"Courts Parse First Amendment Protections for Anonymous Critics Online"

The Supreme Court has long recognized that the freedom of speech enshrined in the First Amendment extends to anonymous speech, noting that “persecuted groups and sects … throughout history have been able to criticize...more

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held...more

Can platooning technology prevent trucking accidents?

A Chicago truck accident lawyer understands that thousands are killed every year due to accidents with large trucks. According to the National Highway Traffic Safety Administration, over 104,000 individuals were injured and...more

Study: Voice-activated vehicle systems cause distraction for drivers

When drivers opt to put hands-free devices and technology in their vehicles, they often do so under the impression that they are increasing safety for them and all those around them....more

Court Rules Reporting on Teen's Felony Cyberbullying Case Privileged

The U.S. District Court for the Northern District of Florida in Jeter v. McKeithen et al., dismissed defamation and defamation by implication claims brought by a teenager against Florida television station WJHG challenging...more

UK: Passing Off – How Rihanna “found love” in the Court of Appeal

On 22 January 2014 the Court of Appeal upheld the High Court decision in a claim for passing off brought by global superstar Rihanna against Topshop. The dispute centered on a t-shirt which was sold by Topshop in its...more

Photographs Posted on Facebook are Discoverable

The Fourth District in Nucci v. Target Corp., --- So. 3d ----, 2015 WL 71726, 40 Fla. Law Weekly D166 (Fla. 4th DCA Jan. 7, 2015), recently held that photographs posted on a plaintiff’s social media sites are discoverable if...more

Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score

Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal.  Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more

If You Post It, Your Opponent Can Probably Discover It

In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court...more

When Can A Slanderous Facebook Posting Support Personal Jurisdiction?

Douglas Burdick v. The Superior Court of Orange County - Court Of Appeal, Fourth Appellate District (January 14, 2015) - This case helps clarify when an Internet posting may be sufficient to support personal...more

USA: Ninth Circuit Rejects EA’s “Incidental Use” Defense in Madden-Related Right of Publicity Suit

On January 6, 2015, the Ninth Circuit decided that Electronic Arts Inc.’s (“EA”) unauthorized use of former NFL players’ likeness as avatars in the Madden NFL video game series does not qualify for First Amendment protection....more

Free Speech: Paris Mayor Off-Message by Threatening Fox News Suit

The scene of the Charlie Hebdo attacks in Paris ten days later. I returned from Paris on Tuesday after a short vacation.  As a bit of a news junky, it was admittedly an exciting time to be there.  When I arrived on Friday, we...more

Alleged Defamatory Facebook Post by Illinois Resident Insufficient to Create Specific Personal Jurisdiction in California

In Burdick v. Superior Court (Sanderson) (No. G049107, filed 1/14/2015), the California Court of Appeal, Fourth Appellate District, held an Illinois resident was not subject to specific personal jurisdiction in California...more

Status Updates - January 2015 #3

A Craigslist conviction. The highest court in Massachusetts upheld the conviction under the Bay State’s anti-harassment statute of a couple who posted fake Craigslist advertisements that caused a great deal of trouble for...more

Does the Ebola-free Nurse Doll Raise a Right of Publicity Claim?

In general, a right of publicity is a right to control use of your name, likeness, and other aspects of your identity. Right of publicity laws normally give an individual the exclusive right to license the use of their...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

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

USA: Do Athletes Have Rights of Publicity in Live Broadcast Footage? Minnesota Court Offers Guidance

U.S. courts have recognized that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Indeed, courts have adopted varying approaches to analyzing right of...more

Temperatures Rise in Mann Libel Suit

It has been a few months since I wrote about Michael Mann’s libel suit against National Review, the Competitive Enterprise Institute and two contributors. During that time, the parties have been very busy in both the...more

So You Think You Have a Contract? Website Terms and Unconscionability

We have written previously regarding the pitfalls of online contract formation, including where website operators fail to implement website terms in a manner that requires users to expressly accept such terms. A recent...more

Advertising Law - December 2014

SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward: A putative class action alleging that LinkedIn Corp. violated their right of...more

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