News & Media
Watch porn on your lunch break, but no smoking dope
At least in Sicily it is. Good ol’ “Giuseppe Z” was minding his own business, watching a little porn on his lunch break, when some bastone in culo decided that this was too much for him to bear. Giuseppe lost his job, but he sued FIAT to get his job back. At the trial level, Giuseppe lost – with the
No First Amendment Right to Military Insubordination
In Wayne v. James, a Mormon airman flipped out that there were gay weddings at West Point’s chapel. In reaction to being reprimanded, he claimed that he had a right to express his sincerely held religious opinion under the Religious Freedom Restoration Act and under the First Amendment. Both arguments failed. RFRA provides that the government “shall not substantially burden
Journalist Privilege (To trespass and run someone over?)
Tesla reports that two apparent Reno Gazette Journal reporters trespassed on Tesla’s property, and then ran their car into a Tesla employee who was trying to take down their tag number. (source) This is all Tesla’s side of the story, so I’ll see if there’s more to it. Here’s the Reno Gazette Journal’s side of the story The newspaper’s vehicle
Disagree with feminists? That is a crime in Canada
Yep, Canada has become such a politically correct sackless nation that you’re not allowed to disagree politically with feminists anymore. (source) Update: A reader correctly pointed out that this is not yet a conviction – just some prosecutor decided that this was a crime. We’ll see what the court and the Charter of Rights and Freedoms has to say about
VanderSloot v. Mother Jones – Brennan's Ghost in Rehnquist's Robes?
While it is only a trial court decision from a state court in Idaho, Vandersloot v. Mother Jones occupies a significant place in my thoughts lately. On its surface, the decision is a wonderful thing. The decision contains more than 50 pages of research and citations, showing that the judge went to great lengths to understand the law before ruling.
Steve Wynn Files Another Defamation Suit
Steve Wynn is a plaintiff in a new defamation suit — this time in Boston. The Boston Globe reports: In a lawsuit filed Monday in Suffolk Superior Court, Wynn Resorts Ltd. says unknown defendants defamed the company by providing subpoenas to the media related to a City of Boston lawsuit against the Massachusetts Gaming Commission. The suit alleges the city’s
White People Like Yoga – No Whiteys Allowed
Everyone knows that White people love Yoga. (source) I guess. I love yoga. Rich milfs in yoga pants. My fucking office is located next to the rich-white-lady-in-yoga-pants capitol of the Southwest – the Coffee Bean & Tea Leaf on Town Center Drive. I walk in that place and feel like a teenager on his way to the chalkboard sometimes. But,
Mother Jones "wins" defamation suit, pays $2.5 million to get there
Updated here.
Right to Be Forgotten Ruling Means that He Will Never Be Forgotten
In May 2014, the European High Court ruled that EU citizens had a right to data privacy that included a right to insist that Google de-list old or irrelevant links about them. (Case) It was mis-named a “right to be forgotten,” as there is no such right at all. While it is easy to sell the public on a newfound
Using State Law to Counter a Business Defamation Claim
by Jay Marshall Wolman Readers of this blog know that Marc is giddy that the Federal Trade Commission has sued Roca Labs. One of the more interesting features of the suit is that the FTC argues that legal action arising from negative reviews, which the FTC terms “gag clause practices”: not only injure the purchasers threatened for complaining or expressing negative
Lanham Act doesn't get you around the First Amendment
RLG just got a summary judgment order in Tobinick v. Novella. In that case, we first got an Anti-SLAPP order against a California plaintiff who filed a SLAPP suit in Florida (perhaps hoping that Florida’s courts wouldn’t realize that a CA plaintiff can’t run away from his anti SLAPP law). (Order here) However, the Plaintiff maintained that our client’s articles
ROCA LOCA!!!!! THE FTC IS COMING AFTER ROCA LABS!!!!!
The Federal Trade Commission has come after the lovely Roca Labs, Don Juravin, and George C. Whiting. Complaint here. Entire docket here.
Denali Ain't Just a River in Egypt
by Jay Marshall Wolman, CIPP/US I hate to admit it, but I first learned the term “Denali” when reading the Twilight series. My wife and I had taken a vacation to the Pacific Northwest and visited the Olympic peninsula. Edward and Bella references were everywhere, and we had no clue what it was all about. So, I read the books.
Ashley Madison and Standing
by Jay Marshall Wolman, CIPP/US Recently, this blog has published posts on a new Connecticut law and a 7th Circuit ruling on data breach, both of address the issue of standing in class action data breach suits. Standing, in plain terms, means having a legal right to sue based on an injury to you. The Sierra Club may have standing
Knowing Employee Legal Rights
by Jay Marshall Wolman, CIPP/US Shameless self-promotion: Today, I had the privilege of presenting “Knowing Employee Legal Rights” to a Cornell Alumni Leadership Lunch and Learn along with Prof. David Sherwyn. Video is here: https://vod.video.cornell.edu/media/Leadership+Lunch+and+Learn+Knowing+Employee+Legal+Rights/1_lymufsk9 Downloadable slideshow here: http://alumni.cornell.edu/caco/documents/CornellLunchandLearn-KnowingEmployeeLegalRights.pdf Enjoy!
And Then a Sensible Dinner
by Jay Marshall Wolman, CIPP/US I was driving home from Philadelphia this past Sunday after a wedding, when I learned about the dietary habits of Attorney Rand Spear. (Something like the Rand Corporation, only smarter.) The story is nothing new. And, apparently, Mr. Spear holds a trademark in that phrase. This serves as a reminder that phrases can be trademarked.
We Gettin' Money, Bank Roll, Supersized: Digesting the 7th Circuit's Data Breach Ruling
by Brent Tuttle, CIPP/US, E* Recently, the 7th Circuit handed down a ruling in a data breach case that has class action plaintiffs’ attorneys poppin’ bottles. The case is Remijas v. Neiman Marcus Grp., LLC, No. 14-3122, 2015 WL 4394814 (7th Cir. July 20, 2015). Background: Between July 16, 2013 and October 13, 2013, malware found its way onto the
A Federal Pure Bill of Discovery
by Jay Marshall Wolman I read an interesting case over the weekend. You may recall the case of Heleen Mees allegedly stalking Citigroup chief economist Willem Buiter. She was charged with five misdemeanor counts after, it seems, an affair with the married Buiter didn’t pan out. The charges were dropped as part of a deal. However, the story doesn’t end
Updates in Railroad Employee Liability Law
by Jay Marshall Wolman In addition to my usual lawyerly activities, I am also a Vice Chair of the Workers’ Compensation and Employers’ Liability Law Committee of the American Bar Association’s Tort Trial and Insurance Practice Section. Probably the longest line on my resume. The Committee’s Spring 2015 Newsletter is out. I contributed an article on updates on the Federal
Problems with Revenge Porn Laws
by Jay Marshall Wolman Revenge porn is bad, and this blog has been active in fighting it. As a moral matter, it is a pretty easy thing to address. As a legal matter, it is not. More and more states have been passing laws against revenge porn. California, for example, in 2013, added Penal Code Section 647(j)(4), The meat is