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Archive for the ‘State Courts’ Category

Massachusetts High Court Requires Warrants for Cell Phone Location Data
By Zoe Bedell – Edited by Corey Omer

On February 18, 2014, the Massachusetts Supreme Judicial Court (“SJC”) agreed with a Superior Court ruling that the Commonwealth must seek a warrant in most cases before obtaining cell phone records that track an individual’s location. The SJC nevertheless vacated the lower court’s order granting the defendant’s motion to suppress the records and remanded the case for a hearing on whether the Commonwealth had met the higher ‘probable cause’ standard required for the issuance of a warrant.

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Posted On Mar - 10 - 2014 Comments Off READ FULL POST

Flash Digest: News In Brief
By Mark Verstraete

Massachusetts District Court Denies Motion For Preliminary Injunction against Aereo

Airbnb Responds to Subpoena from New York Attorney General

Delaware District Court Dismisses Class Action Suit Against Google Regarding Personally Identifiable Information

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Posted On Oct - 15 - 2013 Comments Off READ FULL POST

New Jersey Supreme Court: Police Must Obtain Warrant Before Accessing Cell Phone Location Information

State v. Earls
By Casey Clausen – Edited by Mary Grinman

On July 18, the New Jersey Supreme Court reversed and remanded an Appellate Division judgment. The court held that the New Jersey Constitution protects an individual’s privacy interest in the location information transmitted by a cell phone, which can be used by police as a tracking device. Under the ruling, police must obtain a search warrant before accessing that information.

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Posted On Jul - 30 - 2013 3 Comments READ FULL POST

Trailblazing Email Privacy Bill Proposed in Texas
Mary Grinman – Edited by Natalie Kim

On May 27, 2013, the Texas State Senate and House signed H.B. 2268. The legislation requires state law enforcement agents to secure a warrant before accessing emails and other “electronic customer data.” H.B. 2268 at 3–4. It also permits warrants on out-of-state service providers that do business with a Texas resident in certain circumstances. Id. at 9. The bill closes the loophole of the 1986 Electronic Communications Privacy Act (ECPA), which allows warrantless access to emails opened or older than 180 days.

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Posted On Jun - 8 - 2013 Comments Off READ FULL POST

Supreme Court Holds State Court Has Jurisdiction over Legal Malpractice Suit in Patent Case 

Gunn v. Minton
By Laura Fishwick – Edited by Charlie Stiernberg

In a unanimous decision, the Supreme Court of the United States reversed and remanded a decision of the Supreme Court of Texas, Minton v. Gunn, 355 S.W.3d 634 (Tex. 2011), by finding that state courts can have jurisdiction over a legal malpractice claim based on an underlying patter matter.

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Posted On Mar - 12 - 2013 Comments Off READ FULL POST
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