Category: 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

New York Court of Appeals Holds Denial of Coordination Test Due to Language Barrier Not a Violation of Equal Protection and Due Process Rights

–by Sofia Rezvani Citation: People v. Aviles, 2016 N.Y. LEXIS 3573 (Nov. 22, 2016). Abstract: The NYPD does not administer coordination tests when a language barrier prevents an officer from communicating the test instructions to a non-English speaking suspect. Defendant Aviles

Posted in Constitutional Law, Criminal Law, Legal Pulse

Man’s Sexual Tendencies Properly Admitted to Jury

–by Darian Niforatos Citations: People v. Brewer, 2016 N.Y. LEXIS 3495 (2016); People v. Molineux, 61 N.E. 286 (N.Y. 1901). Abstract: The issue surrounding this case was whether the trial court erred in allowing the People to submit evidence of the

Posted in Evidence, Legal Pulse, Trial Practice

Prosecutors Can Impeach with Inconsistent Statements to Police

–by Emily Keable Citations: People v. Chery, 2016 N.Y. Lexis 3459 (2016); People v. Savage, 409 N.E.2d 858 (N.Y. 1980). Abstract: When a defendant’s initial statements to the police differ from the testimony the defendant provides at trial, the prosecution is

Posted in Evidence, Legal Pulse, Trial Practice

NYS Law Passed to “Put an End to Airbnb” in NYC; Airbnb has Rushed to Sue for a Preliminary Injunction

–by Carlie Roman Citations: https://www.nysenate.gov/legislation/bills/2015/S6340/amendment/A; http://www.wsj.com/articles/airbnb-in-talks-to-settle-new-york-lawsuit-1477959169 ; http://www.nytimes.com/2016/10/22/technology/new-york-passes-law-airbnb.html?_r=0 ; http://www.nydailynews.com/new-york/nyc-marathon-runners-race-airbnb-new-state-law-article-1.2859787 Abstract: Last month, Governor Andrew Cuomo signed a law that can impose up to $7,500 in fines for advertising illegal short-term apartment rentals in New York City (“NYC”). One common example

Posted in Legal Pulse, Real Property