Tag: supreme court

August 11, 2017

Supreme Court to Decide Whether Prosecutors Can Use Pleas to Skirt Constitution

While the endless portrayal of jury trials in media might indicate otherwise, trials are actually quite rare in the U.S. criminal justice system. With 97% of federal cases ending in pleas, the Atticus Finch conception of American justice has been largely confined to books. Ordinarily, when an accused enters into a plea agreement, he waives… Read More

March 2, 2017

When A Threat Becomes A Crime

A Miami Beach man was recently accused of threatening President Trump on Twitter. He sent the threat directly to Secret Service, challenging them to stop his Inauguration Day surprise. They did, and Dominic Puopolo, who used the screen name of Lord Jesus Christ, is now in federal custody. Sending a threat to the President, to an ex-wife,… Read More

January 17, 2017

Alexa: Play Confession

It sits in your house, passively recording everything you say.  It knows what you like.  It knows what you listen to.  It knows what you buy.  It knows who’s in the room with you.  And now, it might tell the police all about it. “It” is the Amazon Echo, a revolution in the “internet of… Read More

October 27, 2016

You Can’t Handle the Truth! … in Consumer Contract, Warranty and Notice Act

As Halloween has people thinking of ghosts and ghouls, creative plaintiffs’ attorneys have turned an arcane New Jersey law into a true source of fright for virtually anybody who offers services that are even potentially available within the Garden State. The law at issue is the New Jersey Truth in Consumer Contract, Warranty, and Notice… Read More

May 19, 2016

Data Breach Lawsuits: Challenges Persist After Spokeo v. Robins

Data breaches are as common as the common cold—unfortunately, just as incurable. Run a news search on “data breaches” and you’ll find that all kinds of institutions—major retailers, tech companies, universities, even government agencies—have been vulnerable at some point. Now run a search on “data breaches,” but include the word “lawsuit.” You’ll find that many… Read More

February 26, 2016

Police Make iPhone Public Enemy No. 1

FBI Director James Comey took a rare break from the posturing typical of investigators and prosecutors in the current showdown between Apple and the FBI.  While prosecutors argue that Apple’s privacy concerns are a smokescreen to avoid “assist[ing] the effort to fully investigate a deadly terrorist attack,” Comey posted a statement over the weekend in… Read More

May 18, 2015

Cell Tower Location Data Privacy Decision Reversed

Last July, we reported on United States v. Davis, an Eleventh Circuit decision in favor of privacy rights. In that case, a three-judge panel held that cell phone users have a reasonable expectation of privacy in their cell phone location data. If the government wants to collect the data, it must first obtain a probable-cause… Read More

August 11, 2014

Gov. Christie Vetoes Latest Sports Betting Bill

On Friday, New Jersey Governor Chris Christie vetoed a bill that marked the latest effort to bring legal sports betting to the state’s casinos and racetracks marking another temporary setback, though the efforts may not be over.  The Governor stated in his veto message that the Third Circuit’s opinion from earlier this year striking down… Read More

July 1, 2014

Supreme Court Denies Cert. in New Jersey Sports Betting Case

On June 23, the United States Supreme Court denied New Jersey’s petition for a writ of certiorari to hear an appeal from lower court decisions that invalidated its sports wagering law.  This ends a three year fight to bring sports betting to New Jersey’s casinos and racetracks, but NJ State Senator Raymond Lesniak, who has spearheaded… Read More

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