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Testimonies are generally reserved for trials, so when the editor of The New York Times, James Bennet, testified before a judge who was deciding whether to dismiss a case, the hearing itself was already highly unusual. Normally, a motion to dismiss asks the judge to consider the merits of the case and whether it’s worth the court’s time to pursue the matter. If anyone is brought in to testify, it’s not until after the judge has determined that the claims have merit and the case should move forward. But Judge Jed S. Rakoff of the Federal District of Manhattan, went…
For too long, law enforcement and the courts have refused to acknowledge the real-world damage that can be done by online hate, but that attitude seems to be turning around. In just the past few months, one internet “troll” has been ordered to pay a total of more than $20 million to three different targets of his online vitriol. Andrew Anglin is the publisher of a neo-Nazi website called The Daily Stormer that has targeted (among others) a black female college student, a Jewish real estate agent, and an Arab-American comedian. In June, the comedian won a $4.1 million lawsuit…
If you’ve used Facebook at all in the past few years, you’ve probably noticed that every time you post a photo with one of your friends, Facebook automatically suggests you tag that person. While that might seem innocent enough, the facial recognition technology Facebook uses to accomplish that is highly controversial and possibly illegal. Facial recognition technology is a relatively recent development and it didn’t take long for it to become controversial. With the abundance of cameras all around us, facial recognition technology allows owners of the technology to find us just about everywhere we go, which is why Facebook…
A manufacturer of yachts was sued by a disgruntled buyer for breach of contract after the yacht he ordered was not usable in waters in the European Union as he originally specified. The buyer lost in court, however, because he argued that the yacht was a total loss, and the company presented evidence that the conversion to allow the yacht to operate in Europe would cost less than $2,000, and that it had repaired other small defects for free. Porter, Inc. is an Indiana company that manufactures boats under the Formula and Thunderbird trade names. In September 2012, Erich Schwaiger…
Do you ever think that all pop songs sound the same? If you have, you might not be the only one who’s had that thought. Several musicians lately have sued better known musicians, claiming their success comes, at least in part, from stealing parts from older, lesser-known songs. Lately, the musicians filing the lawsuits demanding compensation for their stolen work have been successful in court, leaving many people asking about the difference between inspiration and infringement. The latest musician to achieve success in the courtroom is Marcus Gray, who goes by Flame in the music industry. Gray wrote a Christian…
An electrical subcontractor sued the general contractor after the general contractor withheld $58,000. The general contractor claimed that it was owed a setoff for work performed by other electricians, but the trial court found that the money spent by the general contractor was not within the scope of the original agreement, and the electrical contractor had performed additional work and worked overtime to complete the project, despite delays caused by other contractors. The Illinois appellate court affirmed, finding that the trial court had not made a determination against the manifest weight of the evidence. Hunter Construction Services entered into a…
When a franchisor learned that its franchisee was building a competing app and planning to launch a new business in direct competition with it, it sued, seeking an injunction to prevent the launch of the app and business during the litigation. The district court granted the injunction, and the appellate court affirmed in part, with regards to the injunction’s limits on competition. The appellate panel did, however, remand for the district court to consider imposing a higher security bond, given the sweeping nature of the terms of the injunction. Auto Driveway Franchise Systems, LLC is a franchisor for commercial vehicle…
Nick Sandmann achieved fame earlier this year when a short video clip of him standing face-to-face with a Native American by the name of Nathan Phillips went viral back in January. Sandmann, who is wearing a “Make America Great Again” hat in the video clip, was chastised on social media as a racist who had taunted a Native American. After the video went viral, several news organizations reported on the incident, including the Washington Post, NBC, and CNN. Sandmann sued all of them for allegedly defaming him by misrepresenting his actions and failing to report the full story. Shortly after…
(July 28, Chicago) – Lubin Austermuehle PC announced it has joined Nextlaw Referral Network, enabling it to connect its clients to high-quality lawyers around the world. Nextlaw Referral Network is the largest legal referral network in the world, with more than 650 member firms, 30,000 lawyers covering 200+ countries. Peter Lubin of Lubin Austermuehle said, “By joining Nextlaw Referral Network, we can now provide our clients with the best of all worlds by continuing to serve them where we currently have offices, while also being able to direct them to top tier lawyers in other jurisdictions where they need legal…
New England employers have seen a restricting on their ability to use non-compete agreements in recent weeks with the passage of new laws in Maine, New Hampshire, and Rhode Island. In a previous post, we profiled the non-compete legislation passed in Massachusetts. The bills in Maine and New Hampshire are set to be enacted later this year, while the bill in Rhode Island has passed the legislature and awaits signature by the governor. Maine The newly passed Act To Promote Keeping Workers in Maine is set to take effect on September 18, 2019. The new law will dramatically affect employers…
A student loan debtor sued her loan servicer, arguing that the servicer had violated Illinois consumer fraud law by asserting that its customer representatives were experts in repayment options and acted in a borrower’s best interest when they were in fact instructed to steer borrowers into payment options that benefited the servicer more than the borrower. The district court dismissed the suit, finding that federal disclosure law preempted the suit, but the appellate court reversed, holding that penalizing loan servicers for making affirmative misrepresentations did not impose additional disclosure requirements on servicers, and thus was not preempted. Nicole Nelson financed…
The government enforces a separation of church and state, but what about a separation of church and employer? Joel Dahl, who founded and runs Dahled Up Construction, requires all his workers to attend Christian Bible Study as a condition of continued employment. Ryan Coleman, a convicted felon, said attending Bible study was not a condition of employment for the first month that he worked as a painter for Dahl. When it became mandatory, he attended for almost six months, afraid his felony conviction would prevent him from getting another job. When he finally said he wouldn’t attend the Bible study…
If you recently received money as part of a settlement or award for a lawsuit, have you thought about how that settlement or award will affect your taxes? Depending on the nature of your claim, you’ll probably have to pay taxes on that money, just like you would on any other form of income. Whether you’ve already received your award, or you’re thinking of settling a legal dispute, here’s what you need to know: The Origin of the Claim Not all awards come in the form of monetary payment. For example, if you sue your employer for loss of income,…
Ford started installing a new dual-clutch transmission (referred to as the DPS6 transmission) in its Focus and Fiesta models back in 2010 and as many as 1.5 million of the allegedly defective vehicles remain on the road today. The new transmission allowed the cars to reach 40 mpg, but according to recent allegations, Ford failed to properly test the new transmission before putting it out on the road, where it allegedly failed and put customers in danger. As if that wasn’t bad enough, Ford allegedly ignored warnings from internal engineers and lawyers before putting the cars on the market, at…
Worldwide, the impact of global change is being felt. While some people deny that climate change is even happening, the courts are, in fact, seeing the effects in the litigation scene. Suits concerning the issue are trending upwards. Jurisdictional restraints and distance are not stopping litigants from coming forward to file suit. Science, damages, and people being passionate about the cause have increased the number of people wanting to seek retribution, restraint or some form of way to mend harm done by being awarded damages and the cutting of carbon emissions. The biggest offenders? Large corporations. The Human Rights Commission…
Although many financial planning companies rely on the relationship between the financial planner and the customer, E-Trade’s customers primarily conduct business online – usually without communicating directly with any of the company’s financial planners. Even so, the company includes a non-solicitation agreement as part of their employment contract with their financial consultants and brokers. According to a recent employment lawsuit, Heather Pospisil, a former financial consultant for E-Trade, allegedly violated that agreement by taking E-Trade clients with her when she moved to Morgan Stanley. According to the lawsuit, Pospisil allegedly accessed a considerable amount of client information late one night,…