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Kentucky man sues Facebook over tracking cookie
Lawyer Blog News |
2011/10/10 16:19
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A Facebook user in western Kentucky has filed a federal lawsuit against the social networking giant, accusing it of violating wiretap laws with a tracking cookie recording web browsing history after logging off of Facebook.
The plaintiff, David Hoffman of Paducah, is asking a judge to grant class-action status to represent the roughly 150 million
Facebook users in the United States. Hoffman's lawsuit seeks a preliminary and temporary injunction restraining Facebook from intercepting electronic information when they are not logged in and from disclosing any of the information already acquired.
It also seeks damages of $100 per day for each of the class members or $10,000 per violation. The Kentucky lawsuit, filed Friday in U.S. District Court, is similar to cases filed in recent weeks in California, Kansas and Louisiana. |
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Court refuses to hear Maryland gun case
Lawyer Blog News |
2011/10/04 13:47
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The Supreme Court won't hear a Maryland man's argument that the Second Amendment allows him to carry a gun outside of his home for self-defense.
The high court on Monday refused to hear an appeal from Charles F. Williams Jr., who was arrested in 2007 for having his legally-purchased handgun outside his home without a state permit.
The high court has ruled there is a right to keep a gun in the home for protection. But gun advocates say people also have the constitutional right to carry their guns outside the house for self-protection.
Maryland courts say if the Supreme Court agrees with that theory "it will need to say so more plainly." The high court refused the opportunity on Monday. |
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Mexico court upholds state right-to-life amendment
Lawyer Blog News |
2011/09/30 15:11
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Mexico's supreme court on Wednesday let stand a right-to-life amendment to the Baja California state constitution that says life begins at conception and effectively bans elective abortions in the northern border state.
The ruling appeared to allow Mexican states to decide individually on the abortion question, though the court has also agreed to review a similar amendment from the north-central state of San Luis Potosi.
Sixteen of Mexico's 31 states have adopted right-to-life amendments that severely restrict abortions, though almost all continue to allow it under some circumstances like rape or danger to a mother's life. Only Mexico City has legalized abortion on demand in the first trimester.
Seven justices of the 11-member court voted to overturn the amendment, arguing it was a federal issue, or could violate federally guaranteed rights. But eight votes are needed to overturn a law on grounds of unconstitutionality |
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Discover faces FDIC action on protection sales
Lawyer Blog News |
2011/09/30 11:10
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Discover Financial Services is facing an enforcement action by the Federal Deposit Insurance Corp. over the way it sold its payment protection, identity theft protection and other products.
The Riverwoods, Ill.-based credit card company said in a regulatory filing late Wednesday that the agency has notified its banking division that it plans to take action, following an investigation started several months ago. Discover said it is cooperating in the probe. The FDIC would not comment.
The investigation follows the filing of a series of class action lawsuits in various U.S. District Courts challenging the company's marketing.
At issue are its sales policies for several products:
Payment protection: This service allows users to put Discover Card payments on hold for up to two years following a job layoff, disability, leave of absence, hospitalization, death of a spouse or domestic partner or federal or state disaster. It also allows one-month holds on payments following happier events like a marriage, childbirth, adoption, new job, retirement, moving or graduation. |
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LA sheriff under fire after report slams jails
Lawyer Blog News |
2011/09/29 17:35
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Los Angeles County's longtime sheriff is facing one of the toughest attacks of his 13-year term, after a civil rights group demanded his resignation and claimed he looked the other way while his sprawling jail network became co-opted by violent and corrupt deputies who routinely abuse inmates.
Sheriff Lee Baca, whose deputies oversee about 15,000 inmates in the nation's busiest jail system, said he welcomed the criticism but disputed the claims made Wednesday by the American Civil Liberties Union. He said he had no intention of stepping down.
The ACLU demanded the four-term sheriff's resignation, saying he and his top commanders are willfully indifferent to claims made by inmates and civilian jail visitors that deputies routinely viciously assault inmates.
In one case, an inmate at the downtown Men's Central Jail said deputies accused him of stealing mail then punched him, breaking an eye socket, and marched him naked to a cell occupied by two gang members.
Deputies repeatedly ignored the man's cries for help as the gang members raped him while another inmate flushed his head down a toilet to muffle his screams, the man, who had been jailed for making criminal threats, said in a sworn declaration. |
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Wis. Supreme Court takes payday loan case
Lawyer Blog News |
2011/09/26 16:21
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The state Supreme Court has agreed to decide whether Wisconsin law permits judges to determine when payday loan interest rates are too high.
The court will consider whether state statutes block judges from determining if a particular interest rate is unconscionable and, if they don't, what evidence would prove rates are too high.
The case stems from loans Jesica Mount of Onalaska secured from Payday Loan Stores of Wisconsin Inc. in 2008. According to court documents, annual interest rates on the loans varied from 446 percent to 1,338 percent.
The loan company filed a lawsuit against Mount after she failed to make her payments. Mount filed a counterclaim alleging the loans violated the Wisconsin Consumer Act because the rates were unconscionable. |
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