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Appeals court dismisses FTC lawsuit over AT&T throttling 'unlimited' data

On Monday the U.S. Court of Appeals for the Ninth Circuit ordered the dismissal of a 2014 Federal Trade Commission lawsuit against AT&T, which had accused the company of misleading marketing in throttling data plans it sold to the public as "unlimited."

Appeals Court Tosses Search Warrant Used By Louisiana Sheriff In Attempt To Silence Critical Blogger

14 hours agoIndustries / Law : Techdirt

The Louisiana First Circuit Court of Appeals has just ended Terrebonne Parish Sheriff Jerry "Censorious Dumbass" Larpenter's attempt to silence a critic through the magic of abusing his power. The sheriff obtained a warrant to raid a blogger's house, using the state's mostly-unconstitutional criminal defamation law to justify the search. Show More Summary

Man Sues Surveillance Company for Spying on His Conversations With Married Woman

And the legal implications are as far-reaching as affecting if it's legal for your boss to spy on you at work. The Sixth U.S. Circuit Court of Appeals just ruled that a man could sue the creators of a computer program that allegedly intercepted communication between him and a married woman. Show More Summary

Should asylum seekers take action to avoid persecution on the ground of political opinion incorrectly attributed to them?

Secretary of State for the Home Department v MSM (Somalia) and UNHCR (Intervener) [2016] EWCA Civ 715 – Read judgment The Court of Appeal dismissed the Secretary of State’s appeal challenging the Upper Tribunal’s decision that MSM would have been at risk on return to Somalia on the ground of political opinion.  Exceptionally, the court […]

Indiana Will Not Appeal Purvi Patel's Overturned Conviction

In July, Purvi Patel’s controversial 2015 feticide conviction was overturned by the Indiana Court of Appeals. The court vacated Patel’s original 20-year sentence for feticide and felony child neglect and instead sentenced her to a lesser felony that carries a three-year sentence. Show More Summary

Escaping “the jungle” must be done in an orderly manner

SSHD v ZAT (Syria) and ors (UNHCR and anor intervening) [2016] EWCA Civ 810 Court of Appeal decides, in the absence of an application under the Dublin III regulations, asylum seekers can only succeed on article 8 ECHR grounds in “exceptional circumstances” Four asylum seekers, namely three unaccompanied minors and one disabled adult, were in […]

Appeals Court Upholds Discriminatory Voting Restrictions, Deals Setback to Ohio’s Black Voters

Two steps forward, one step back. On Tuesday, the U.S. Court of Appeals for the 6 th Circuit affirmed the legality of an Ohio law that eliminated the early voting week most favored by minority voters. The 2-1 decision bucks the federal...Show More Summary

A Federal Appeals Court Just Sided With the Ohio GOP in a Voting Rights Case

A divided panel of judges on the 6th Circuit Court of Appeals ruled Tuesday that a lower court erred by reinstating Ohio's "Golden Week," a period when Ohio voters could register to vote and cast absentee ballots at the same time. "This...Show More Summary

NM: 10th Circuit Lifts Order That Halted Work on ABQ Rapid Transit

Mayor Richard Berry's administration is free to start building the Albuquerque Rapid Transit project, following an order by the U.S. 10th Circuit Court of Appeals.

Good News! Wisconsin Can't Reinstate Its Unconstitutional Voting Restrictions.

On Monday, the U.S. Court of Appeals for the 7 th Circuit refused to block a lower court decision invalidating large chunks of Wisconsin’s Republican-sponsored voting restrictions. The ruling effectively ensures that Wisconsin’s most...Show More Summary

Federal Appeals Court First To Sanction “Social Cost of Carbon” Concept

This month, the 7th Circuit Court of Appeals became the first to sanction the "social cost of carbon" concept that is the foundation of most federal carbon emissions standards. Federal Appeals Court First To Sanction “Social Cost of Carbon” Concept was originally posted on: PlanetSave. Show More Summary

Five Things You Need to Know Before the Clean Power Plan Oral Argument

The Clean Power Plan oral argument is coming up soon. On September 27, attorneys will present their arguments in front of the full U.S. Court of Appeals for the D.C. Circuit. EPA and the many supporters of the Clean Power Plan have already filed their written arguments – and so has the coalition of coal companies and their allies that are challenging the rule.

Court Says Man Can Sue Maker Of Web-Monitoring Software For Wiretap Act Violations

last weekIndustries / Law : Techdirt

The Sixth Circuit Court of Appeals has decided a man whose communications were snagged by commercial spyware can sue the software's maker for violating federal wiretap law. The plaintiff, Javier Luis, became involved in an online relationship with an unhappily married woman. Show More Summary

“Our view: McCrory should drop election-law appeal”

Winston Salem-Journal editorial: Gov. Pat McCrory has every right to ask the U.S. Supreme Court to stay the Fourth Circuit Court of Appeals’ decision regarding the legislature’s discriminatory election law, as he did Monday, But he should drop his unwise … Continue reading ?

Court Holds Bisexual Asylum Seeker Isn’t Actually Bisexual, Drawing Withering Dissent

On Wednesday, the U.S. Court of Appeals for the 7 th Circuit issued an outrageous decision, holding that a bisexual Jamaican asylum seeker isn’t actually bisexual and can thus be deported back to Jamaica. The three-judge panel’s reasoning...Show More Summary

“Courts Still Sorting Out Voting Rules as Election Looms”

Bloomberg BNA: North Carolina asked the U.S. Supreme Court Aug. 15 to reinstate its voter identification law, which was struck down by the U.S. Court of Appeals for the Fourth Circuit last month (North Carolina v. N.C. State Conf. of … Continue reading ?

WLF: Disbarment, Criminal Charges Should Be Possibilities For Corrupt Attorney Donziger

Steven Donziger gestures during a press conference in2014 in Quito, Ecuador. Recently, the U.S. Court of Appeals for the Second Circuit affirmed a district court ruling that said the multibillion-dollar verdict he obtained in Ecuador was the product of fraud.(RODRIGO BUENDIA/AFP/Getty Images) Federal prosecutors should consider criminal charges against the lawyer [...]

Government gets extra time to respond on DeCosters’ rehearing

The 8th U.S. Circuit Court of Appeals wants the government to have sufficient time to respond before it decides whether to grant a rehearing on the jail sentences for 82-year-old Austin “Jack” DeCoster and his 53-year-old son Peter DeCoster, the egg men implicated in a nationwide Salmonella outbreak in 2010. Once the U.S. Department of Justice’s... Continue Reading

Canadian Court Says No Expectation Of Privacy In SMS Messages Residing On Someone Else's Phone

last weekIndustries / Law : Techdirt

A precedential decision [PDF] by Ontario's Court of Appeals concerning the privacy of SMS messages sounds more worrying than it actually is. Here's Vice Canada's opening paragraph on the ruling: The texts you think you're sending inShow More Summary

The Ninth Circuit Just Handed Medical Marijuana Patients a Huge Victory

On Tuesday, the U.S. Court of Appeals for the 9 th Circuit handed medical marijuana patients a huge legal victory, barring the federal government from prosecuting patients, growers, and dispensaries that follow state medical marijuana laws. Show More Summary

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