The case of New Prime, Inc. v. Oliveira is the second arbitration / delegable / arbitrability question which the U.S. Supreme Court decided in a week. This case may have limited application to disputes involving transportation workers however it is worth discussing to ensure a clear understanding the delegation of …
Justice Kavanaugh issued his first Supreme Court opinion (unanimous) which helped streamline enforcement of arbitration AND provided contract-drafting lawyers some model arbitration language (which, as we’ll see, still needs some work). The question before the Court was whether a trial court could still decide the threshold question of “arbitrability” — …
If you sell enough on Etsy and eBay, you may find yourself having to report sales tax in your buyers’ states. A recent opinion from the U.S. Supreme Court, South Dakota v. Wayfair, Inc. et al., is likely going to lead to new hassles for internet merchants, including possibly individual …
The United States Supreme Court ruled in favor of a national nursing home chain by reversing a decision by the Kentucky Supreme Court and, instead, held that persons who have broad “powers of attorney” may execute arbitration agreements even when state law grants a right to access to courts and …
Thanks to professor and attorney Larry Buck for inviting me to speak today about Data Breach & Cyber Security Law at Florida Atlantic University. We discussed: Standing: how the Clapper case was filed too soon, they lost in the Supreme Court, and then three months later it was revealed, beyond their …
A former amusement park employee’s Facebook posts may prove wrong most federal courts or will clearly carve out a rare First Amendment exception. The case of U.S. v. Elonis focuses on whether statements, often phrased as rap music, could be a “true threat” which would make it a crime if …
One year ago, the U.S. Supreme Court issued the case of Amnesty International v. Clapper and… few people cared. After all, “Clapper I,” as it became known, held that political activists had no standing to even discover if the government was spying on them. But four months later, the floodgates …
The Supreme Court’s 2012 decision in U.S. v. Jones involving GPS tracking is trending towards being a landmark decision in how the Court interprets the Fourth Amendment in technology cases. But what has happened to GPS tracking since the Jones decision? This February 2014 article from the Palm Beach …
The case of Paroline v. United States will be argued before the U.S. Supreme Court today. This is one of those cases where emotions are appropriately high but ultimately court observers may find that the Court may dryly rule upon statutory construction issues… meaning grammar. But this case highlights a …
On January 13, 2014, the U.S. Supreme Court denied cert in the case of Judicial Watch v. Department of Defense and Central Intelligence Agency (scroll down to page 5). This case arose from a FOIA request for photos and/or video of Osama Bin Laden corpse and burial at sea. The Obama …
In the aftermath of the Sandy Hook and Gabrielle Giffords’ shooting stories (and hundreds others), the National Rifle Association and other gun proponents have argued that video games are a contributing factor — if not the reason — for gun violence in the United States. It was suggested by the …
The case of U.S. v. Jones is set for oral argument before the U.S. Supreme Court next week and may resolve whether police may physically attach a GPS transmitter on a person’s car to track its movements for an extended period of time — without a warrant. Read the article …
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