Category: Legal Pulse

U.S. Supreme Court Limits Police Officer Liability

–by Kim Newton Sources: White v. Pauly, 137 S. Ct. 548 (2017); U.S. Const. amend. IV Abstract: On January 9, 2017 the Supreme Court unanimously held that an officer’s failure to shout a warning before firing a gunshot in an

Posted in Constitutional Law, Criminal Law, Legal Pulse

A Potential Solution to a “Claw-ful” Problem: A Bill to Prohibit Declawing

–by Grace Hwang Citations: Joel Rose, A Declaw Law? Veterinarians Divided Over N.J. Cat Claw Bill, NPR (Feb. 16, 2017, 4:31 PM), http://www.npr.org/2017/02/16/515036397/a-declaw-law-veterinarians-divided-over-n-j-cat-claw-bill. To declaw cats or not? New Jersey could be first with ban, Fox News (Feb. 9, 2017),

Posted in Animal Law, Legal Pulse

After Hours of Debate Between Members of the House Judiciary Committee, the Lawsuit Abuse Reduction Act of 2017 (H.R. 720) Advances to the House Floor

–by Anna Pinchuk Citations: https://judiciary.house.gov/wp-content/uploads/2017/01/2.02.17-Transcript.pdf http://docs.house.gov/meetings/JU/JU00/20170202/105522/BILLS-115HR720ih.pdf http://www.americanbar.org/content/dam/aba/uncategorized/GAO/2017feb1_lara_l.authcheckdam.pdf http://www.businesswire.com/news/home/20170202006132/en/U.S.-Chamber-Applauds-House-Judiciary-Committee-Passage Abstract: H.R. 720, the Lawsuit Abuse Reduction Act, amends Rule 11 of the Federal Rules of Civil Procedure. The Act requires judges to impose mandatory sanctions on attorneys who file frivolous claims

Posted in Civil Practice, Legal Pulse

New York Court of Appeals Holds That Skin Color Is a Cognizable Class Under Batson Analysis

–by Robert Carpenter Citation: People v. Bridgeforth, 2016 N.Y. Lexis 3859 (Dec. 22, 2016) (internal citations omitted). Abstract: In a matter of first impression, the New York Court of Appeals held that skin color was a cognizable class for Batson

Posted in Constitutional Law, Criminal Law, Legal Pulse, Trial Practice

After Two Years of Efforts to Bring Uber Upstate, 2017 May be the Year It Happens

–by Karianne Polimeni Citations: Ben Axelton, Cuomo to Reveal Plan to bring Uber, Lyft to Upstate New York, New York Upstate, (Jan. 8, 2017, 11:23 AM), http://www.newyorkupstate.com/news/2017/01/cuomo_to_reveal_plan_to_bring_uber_lyft_to_upstate_new_york.html; Kevin B. Knott, The Facts Behind Buffalo’s Uber Situation, The Buffalo Scene (2016),

Posted in Commercial Transactions, Legal Pulse

Georgia Court of Appeals Reverses Trial Court Denial of Transgender Name Change

–by Joseph Railey Citations: In re Feldhaus, __S.E.2d__ , 2017 WL 253649 (Ga. Ct. App. 2017) Abstract: The Georgia Court of Appeals reversed a denial of two name change petitions from Columbia County Superior Court. Petitioners in both cases were transgender

Posted in Appellate Practice, Civil Rights, Legal Pulse

Consumer Alleges Deceit; Court Rules that Reasonable Consumers Account for the Ice

–by Erin Shea Source: Galanis v. Starbucks Corporation, No. 16-C-4705, 2016 WL 6037962 (N.D. Ill. 2016) (all internal citations omitted). Abstract:  The Northern District of Illinois concluded that a reasonable customer understands the term “fluid ounces” to indicate the volume

Posted in Commercial Transactions, Contracts, Legal Pulse

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