Implied Consent

News & Analysis as of

The Supreme Court - June 2016 #6

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

Breaking News – No Circuit Split (Yet) Over Post-Bauman General Jurisdiction by Consent

We’ve been watching competing interlocutory appeals in a couple of post-Bauman personal jurisdiction cases out of Delaware: Acorda Therapeutics, Inc. v. Mylan Pharmaceuticals, Inc., 78 F. Supp.3d 572 (D. Del. 2015), and...more

Delaware Supreme Court Clarifies Director/Officer Implied Consent Statute and Rejects Hana Ranch

Rejecting the Court of Chancery’s narrow reading of the director/officer implied consent statute in Hana Ranch, Inc. v. Lent, 424 A.2d 28, 30 (Del. Ch. 1980), an interpretation that had been followed by lower courts for...more

Primary Assumption of Risk – Subjective Awareness and Increasing Risk Beyond Inherent Risk

Scott Griffin v. The Haunted Hotel, Inc. - Court of Appeal, Fourth Appellate District (November 20, 2015) - Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the...more

Wishing You Happy Holidays, if Canada’s Anti-Spam Law Permits

The holiday season is an important season to focus on good will and the profound messages that the holidays celebrate. Many organizations use the holiday season to communicate with clients and associates to share that...more

Human Touch Defeats TCPA Unsolicited Text Messaging Class Action

On June 1, 2015, the Northern District of California granted AOL’s motion to dismiss a class action Telephone Consumer Protection Act (TCPA) suit premised on four text messages received by the named plaintiff in Derby v. AOL,...more

Consent to Disclose Information in Response to a Consumer Complaint – Guidance from Canada

Not infrequently, customers may resort to consumer affairs columnists and other third parties, such as consumer advocacy groups, in order to resolve issues that they are having. In these circumstances, is there implied...more

Heads Up: Canada’s Anti-Spam Legislation (CASL) Takes Effect on July 1st

Once CASL takes effect, you will need express or implied consent before you (or your franchisees) can send a commercial electronic message (CEM). While franchisors are well aware of the pending impact of CASL and have been...more

The Transitional Period & Implied Consent Under CASL

If the term “CASL compliance” is giving you a nervous twitch, you’re not alone. Many small and medium-sized businesses in Canada are scrambling to prepare for Canada’s Anti-Spam Law (CASL), whose official title says it all -...more

Forced Sex During Marriage Can Lead to a Protection From Abuse Order

Did you know that a spouse can get a protection from abuse order against the other for forced sex? That is what happened in the recent case of Boykai v. Young, 2004 Pa. Super. 4 (January 7, 2014). In Pennsylvania, the...more

Why October 1, 2014 Is An Important Date For Management Persons Of Nevada Entities

Two years ago, the Nevada Supreme Court in an en band decision held that a state district court may exercise jurisdiction over the nonresident officers and directors of a Nevada corporation with its principal place of...more

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more

New Jersey’s Implied Consent Law - The Proof is in the Procedure

New Jersey’s Implied Consent Law requires that any person arrested for operating a motor vehicle on a public roadway or quasi-public area while intoxicated submit samples of his or her breath for chemical testing to determine...more

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