News & Analysis as of

Eleventh Circuit Affirms That Users of Free Mobile Applications Are Not Subscribers Under the Video Privacy Protection Act

The Video Privacy Protection Act was enacted in 1988 following the publication of Supreme Court nominee Robert Bork’s family video rental records. The Act generally prohibits “video tape service providers” from knowingly...more

Important Circuit Court Ruling Limits Scope of VPPA Liability

The Eleventh Circuit issued a notable ruling this week limiting a mobile app’s liability under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, a law enacted in 1988 to preserve “consumer” personal privacy with...more

Navigating the Slippery Floor

Slip and fall claims are not limited to guests and customers. If you are an employee, and your employer is a non-subscriber of workers compensation coverage in Texas, a slip and fall used to mean big bucks. Maybe not...more

Texas Supreme Court to review certified question from Fifth Circuit in Austin v. Kroger

The Supreme Court of Texas has accepted the Fifth Circuit’s certified question in Austin v. Kroger. The Fifth Circuit’s request for certification formally withdraws its previous controversial opinion. The case could have...more

DOMA Concerns for Nonsubscribers, What You Need to Know Now.

On June 26, 2013, the United States Supreme Court issued a historic 5-4 decision that impacts how federal law is applied to same-sex couples. In United States v. Windsor, the Supreme Court held that Section 3 of the 1996...more

The Fifth Circuit Decides Not To Decide Whether Nonsubscriber Cases May Be Removed

Unfortunately, the Fifth Circuit decided on August 14, 2013 in Ernewayn v. Home Depot that it lacked appellate jurisdiction to entertain Home Depot’s appeal of a remand order. The Fifth Circuit did not hold (as has been...more

Scams That Prey on the Elderly

In addition to the many companies, organizations and governmental units that are attempting to help people who are planning or are into their retirement, we should not be surprised to learn that there are many scams being...more

Defending Nonsubscriber Lifting Injury Claims – Part V – The NIOSH Revised Lifting Equation – what it is and what it is not

The next two parts of this series will address the so-called NIOSH lifting equation. This part will discuss what the NIOSH lifting equation is and the fact that it is not the law in Texas (or anywhere else to the authors’...more

Nonsubscriber Legislative Update

As we near the end of the regular session of the Texas legislature (May 27), we wanted to give you a quick update on the status of various proposed nonsubscriber-related bills. Similar measures to these have been proposed...more

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