Month: January 2017

New York Court of Appeals Finds No Right of Public Performance Under New York Law for Creators of Sound Recordings

–by Elizabeth Snyder Citation: Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. 172, 2016 N.Y. LEXIS 3811 (Dec. 20, 2016). Abstract: Responding to a certified question from the Second Circuit Court of Appeals regarding the existence of a

Posted in Copyright Law, Intellectual Property, Legal Pulse

Who Knew? Sue-and-be-sued Clauses: State or Federal Jurisdiction

–by Michael Corelli Source: Lightfoot v. Cendant Mortgage Corp., 580 U. S. ____ (2017); Bank of United States v. Deveaux, 9 U.S. 61 (1809); Osborn v. Bank of United States, 9 Wheat. 738 (1824); American Nat. Red Cross v. S.

Posted in Civil Practice, Legal Pulse

Tesla’s Autopilot Cleared by Government Investigation, but Questions Remain About Liability for Accidents Involving Self-Driving and Safety Technology

–by Aya Hoffman Citations: https://www.wired.com/2017/01/car-dealers-dangerously-uneducated-new-safety-features/; http://fortune.com/2016/07/11/tesla-autopilot-joshua-brown/; http://jalopnik.com/the-latest-tesla-lawsuit-proves-how-important-human-dri-1790904371; https://www.nytimes.com/2016/09/15/business/fatal-tesla-crash-in-china-involved-autopilot-government-tv-says.html; http://www.forbes.com/sites/omribenshahar/2016/09/22/should-carmakers-be-liable-when-a-self-driving-car-crashes/#1e0645771f40; http://www.greencarreports.com/news/1104183_lets-be-clear-teslas-autopilot-is-not-a-self-driving-car; http://money.cnn.com/2016/07/07/technology/tesla-liability-risk/; https://www.scientificamerican.com/article/who-s-responsible-when-a-self-driving-car-crashes/; https://www.scientificamerican.com/article/who-s-responsible-when-a-self-driving-car-crashes/ Abstract: Just a day after the National Highway Traffic Safety Administration (“NHTSA”) closed its investigation into Tesla Motors’ autopilot technology, Chinese media reported another fatal collision involving a

Posted in Internet Law, Legal Pulse, Transportation

California Egg Production Laws Survive Lawsuit

–by Caitlin Lomazzo Citations: Mo. ex rel. Koster v. Harris, 2016 U.S. App. LEXIS 20613 (2016); Mo. v. Harris, 2014 U.S. Dist. LEXIS 89716 (2014); Cal Health & Saf Code § 25990; 3 CCR 1350 § 1350(a–d). Abstract: On October 19, 2016,

Posted in Administrative Law, Civil Practice, Constitutional Law, Legal Pulse

Fourth Amendment Further Whittled Away by Utah v. Strieff

–by Jordan Charnetsky Source: Utah v. Strieff, 136 S. Ct. 2056 (2016); Brown v. Illinois, 422 U.S. 590 (1975). Abstract: On June 20, 2016, the United States Supreme Court ruled that evidence obtained after an unlawful stop was admissible where,

Posted in Constitutional Law, Criminal Law, Legal Pulse

Ohio Governor Vetoes Heartbeat Bill, But Passes Ban on Abortions After Twenty Weeks

–by Bri Szopinski Citations: Sheryl Gay Stolberg, John Kasich Signs One Abortion Bill in Ohio but Vetoes a More Restrictive Measure, N.Y. Times (Dec. 13, 2016), http://www.nytimes.com/2016/12/13/us/kasich-ohio-heartbeat-abortion-bill.html?_r=0. Emanuella Grinberg, Ohio Governor Bans Abortions After 20 Weeks While Vetoing “Heartbeat” Bill, CNN

Posted in Constitutional Law, Health Law, Legal Pulse

Student-Athletes Denied Wages for Athletic Training

–by Ryan White Source: Berger v. National Collegiate Athletic Association, No. 16-1558, 2016 WL 7051905 (7th Cir. Dec. 5, 2016). Abstract:  Two former members of the University of Pennsylvania Women’s Track and Field team sued the school and the NCAA

Posted in Labor and Employment Law, Legal Pulse, Sports Law

Arkansas Prosecutor and Amazon at War Over Release of Device’s Data Recordings; Consumer Privacy Rights in Question

–by Samantha Pallini Sources: http://www.cnbc.com/2016/03/29/apple-vs-fbi-all-you-need-to-know.html; http://www.nbcnews.com/news/other/government-can-grab-cell-phone-location-records-without-warrant-appeals-f6C10803204; http://www.cnn.com/2016/12/28/tech/amazon-echo-alexa-bentonville-arkansas-murder-case-trnd/; http://fox40.com/2016/12/28/amazon-echo-may-be-the-key-to-solving-a-murder-case/; https://epic.org/privacy/internet/ftc/EPIC-Letter-FTC-AG-Always-On.pdf Abstract: An Arkansas prosecutor believes that a murder suspect’s Amazon Echo data recordings could be used as evidence in the case. However, Amazon continues to refuse to comply with requests for the data. *** “Alexa, how

Posted in Criminal Law, Evidence, Internet Law, Legal Pulse