Archive for the ‘Miscellaneous’ Category

Why be concerned with social media estate planning?

The headline of this recent blog post by the U.S. government promises to answer the question of why you should do some social media estate planning. But the post falls short of providing a compelling reason to plan for how your social media accounts and other digital assets should be handled in the event of [...]

Six interesting technology law issues raised in the Facebook IPO

Patent trolls, open source, do not track, SOPA, PIPA and much, much more: Facebook’s IPO filing has a real zoo of issues. The securities laws require that companies going public identify risk factors that could adversely affect the company’s stock. Facebook’s S-1 filing, which it sent to the SEC today, identified almost 40 such factors. [...]

Ninth Circuit: FACTA does not apply to credit card receipts sent via email

Simonoff v. Expedia, Inc., — F.3d —, 2011 WL 1991211 (9th Cir. May 24, 2011) Plaintiff sued Expedia under the Fair and Accurate Credit Transactions Act (“FACTA”). He was upset that the electronic receipt Expedia emailed him contained the expiration date of his credit card. The district court dismissed plaintiff’s case and he sought review [...]

New Jersey court gives a boon to local printed newspapers

Online edition of out-of-state newspaper not “printed and published” in state for purposes of providing legal notice. Courier-Post v. County of Camden, — A.2d —, 2010 WL 3025108 (N.J.Super.A.D. August 4, 2010) Like probably every other state, New Jersey has a statute that requires certain notices (like those for sheriff’s sales) to be published in [...]

Death scene photos posted on the web did not subject coroner to liability

Werner v. County of Northampton, 2009 WL 3471188 (3rd Cir. October 29, 2009) (Not selected for official publication). Plaintiff’s son died in the family home. No one seems to know for sure whether it was an accident or suicide. Even Plaintiff gave conflicting statements to the court — in his complaint he said it was [...]

In New Hampshire, your landlord has to give you free* cable

Lally v. Flieder, 986 A.2d 652 (N.H. 2009) Hey, let’s watch HGTV and get some ideas for the apartment! It’s not like we have to pay for it or anything. Anyone who has ever been a landlord will think the New Hampshire Supreme Court may have lost its mind. Those who like TV and broadband [...]

Relationship status and the law: it’s complicated

Online statements by mother were critical evidence in paternity case Watermeier v. Moss, 2009 WL 3486426 (Tenn. Ct. App. October 29, 2009) Under Tennessee law a man can petition the court to determine that he is the father of a child born to a woman who is married to someone else. (Better make sure there [...]

Domain name not tangible property that could satisfy judgment

Palacio del Mar Homeowners Assn., Inc. v. McMahon, — Cal.Rptr.3d —, 2009 WL 1668294 (Cal. App. 4 Dist. June 16, 2009) A California state court entered a $40,000 judgment against defendant McMahon in favor of plaintiff homeowners association. The homeowners association tried to collect the money from McMahon, seeking a “turnover” of property McMahon owned. [...]

Slamming Wikipedia’s reliability not enough in immigration case

Badasa v. Mukasey, — F.3d —, 2008 WL 3981817 (8th Cir. Aug. 29, 2008) Illegal alien Badasa sought asylum in the United States. To establish her identity, she submitted to the Immigration Judge a “laissez-passer” issued by the Ethiopian government. Opposing the application for asylum, the Department of Homeland Security submitted a number of items, [...]

Accused blogger did not cause substantial emotional distress

Ramsey v. Harman, — S.E.2d —-, 2008 WL 2415127 (N.C.App. June 17, 2008) Defendant Harman maintained a blog on which she put up some posts accusing plaintiff Ramsey’s daughter of being a bully. Harman also posted this: With all the bulling [sic] and harassing that goes on in our school system. Then the trouble that [...]

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