Balough
December 23, 2013
Those insurance company apps that track an individual’s driving habits in exchange for lower rates also can determine the car’s physical location even without global positioning capabilities, a new study finds. Some car insurance companies offer discounts if the driver allows a data collection device to be plugged into the on-board diagnostic port of the […]
Balough
December 23, 2013
Banning two middle-school students from wearing bracelets with the slogan “I ♥ boobies! (KEEP A BREAST)” in school violates the students’ right to free speech, a divided en banc panel of the Third Circuit found. The bracelets are part of a nationally recognized breast-cancer-awareness campaign sponsored by the Keep A Breast Foundation. The bracelets were […]
Balough
December 23, 2013
The U.S. government can get historical cell phone records, including geolocational information, from cell phone providers without a warrant, the Fifth District Court of Appeals ruled. The appellate court reversed the trial court, which found that, under the Stored Communications Act (SCA), the government had to seek a warrant and show probable cause before the […]
Balough
December 23, 2013
Fox Broadcasting Company can’t maintain a copyright action against Dish Network’s product that enables Dish customers to skip over commercials because Fox doesn’t own the copyright to the commercials, an appellate court found in affirming a trial court ruling. In addition, the appellate court said, while it is a “much closer” question, the trial court […]
Balough
December 23, 2013
Being employed for less than two years is not sufficient consideration for enforcing a non-compete agreement in Illinois, a state appellate court ruled. The issue arose when an employee quit his job after three months. His employment contract included a non-compete agreement restricting his employment for two years after he terminated his employment for any […]
Balough
December 23, 2013
A Chicago television reporter was not defamed when a rival station aired a segment showing the reporter in a halter-top bathing suit at the home of the husband of a missing woman in a highly publicized investigation. A Cook County judge found that the reporter, Amy Jacobson, was a public figure for all purposes because, […]
Balough
December 23, 2013
Placing a global positioning system (GPS) tracking device on a state employee’s personal car as part of an investigation does not require a warrant, but using the GPS to track the employee 24 hours a day for a month was unreasonable, a New York appeals court majority found. A concurring opinion would have required a […]
Balough
December 23, 2013
A federal judge has referred a band of copyright troll attorneys to their respective state and federal bars for their “moral turpitude unbecoming of an officer of the court.” The judge also referred the attorneys to the U.S. Attorney’s office in California and the Internal Revenue Service for their scheme that “outmaneuvered the legal system” […]
Balough
December 23, 2013
The use of a mother and her daughter’s images without their written permission on the cover of a media kit used to generate advertising revenue for a monthly publication violates the Illinois Right of Publicity Act, an Illinois appellate court found. McHenry County Living magazine originally took the photograph when it selected the mother’s garden as […]
Balough
December 23, 2013
A scam that induces businesses to pay for listing in a useless online marketing directory has been temporarily enjoined and the company’s United States assets frozen in a court action brought by the Federal Trade Commission (FTC). Since at least 2000, Construct Data Publishers, which is also known as Fair Guide, induced businesses and nonprofit organizations […]
