Category Archives: Uncategorized

In New York, a big victory for local anti-fracking ordinances

This week, New York's highest court has confirmed the right of towns to ban fracking. Though legally a case about the power of localities versus the preemptive effect of state law, the result is that opponents of fracking have a powerful tool — local ordinances — to prevent fracking in their communities. (Fracking is a […]

Another helpful narrow reading of Comcast on “commonality of damages”

This week, the Seventh Circuit reversed the denial of class certification in Zanetti v. IKO Mfg., a case about roof tiles marketed with the allegedly false claim that they met a certain industry standard. The district court denied class certification — in the words of the Seventh Circuit — "under a mistaken belief that 'commonality […]

Google loses its bid for Supreme Court review in “Street View” case

You may remember that, last September, we told you about a 9th Circuit decision holding that Google violated federal Wiretap Act when it collected individual consumers' unencrypted wi-fi data while capturing "Street View" photographs. Here's what the 9th Circuit said at the time: In the course of capturing its Street View photographs, Google collected data […]

One journalist’s experiment with web privacy shows how bad it is… but also that it might improve

NPR reporter Steve Henn (who has covered both economics and technology) conducted an experiment: he asked a couple computer experts to follow his internet traffic for a week and see how much they could learn. The answer? A whole lot. They ended up knowing so much about Henn and his movements that they could have […]

In Facebook privacy case, a procedural win for class action objectors’ appellate rights

When a group of class-action objectors appealed the settlement of the privacy case against Facebook for (among other things) the unlawful use of minors’ images for advertising without parental consent, class counsel sought to impose on each objector-appellant an appeal bond of $32,000. (For more background, see here.) One of class counsel’s arguments was that […]

Supreme Court: closely-held corporations with religious objections are exempt from Obamacare contraception mandate

Key holdings of today's 5-4 decision: corporations are entitled to protection under the federal Religious Freedom Restoration Act; requiring closely-held corporations to pay for contraception despite their owners' have sincere religious objections  is a substantial burden on religious freedom; government's program is not narrowly tailored. However, the majority opinion suggests that the Department of Health […]

A mid-season baseball tort

As we hit the middle of the U.S. major-league baseball season, I wanted to update our readers on the latest baseball-related (but not baseball-inherent) tort. As any major-league baseball consumer knows, at many major-league stadiums, between innings, fans are bombarded with hot dogs (and/or t-shirts) propelled into the stands from large bazooka-style air guns. At […]