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Archive for the ‘State Courts’ Category

Personal entry on MySpace admitted into evidence in Indiana murder case By Kassity Liu – Edited by Stephanie Weiner Clark v. State, No. 43C01-0705-FA-127 (Ind. Oct. 15, 2009). Opinion On October 15, the Supreme Court of Indiana affirmed a murder conviction and sentence, rejecting the defendant’s claims on appeal, including an argument that the trial court improperly admitted as character evidence an entry he made online on his MySpace page.  The defendant claimed the admission was in violation of the ... Read More...
Posted On Oct - 19 - 2009 Comments Off READ FULL POST
Back to Drawing Board for Pa. State Legislature in Protecting Trademark Holders By Brittany Blueitt – Edited by Stephanie Weiner Commonwealth of Pennsylvania v. Omar, No. J-162A-B-2008 (Pa. Oct. 5, 2009) Majority Opinion (Baer, J.) Concurring Opinion (Castille, J.) Dissenting Opinion (Eakin, J.) Dissenting Opinion (Greenspan, J.) On October 5, the Supreme Court of Pennsylvania affirmed two consolidated Centre County Court of Common Pleas decisions dismissing criminal trademark counterfeiting charges on the ground that Pennsylvania’s Trademark Counterfeiting Statute, 18 Pa. ... Read More...
Posted On Oct - 16 - 2009 Comments Off READ FULL POST
D.C. Appeals Court Sets New Standard for Unmasking Anonymous Online Speakers By Anthony Kammer – Edited by Evelyn Breithaupt Solers, Inc. v. Doe, No. 07-CV-159 (D.C. Cir. Aug. 13, 2009) Opinion On August 13, 2009, the D.C. Court of Appeals remanded Solers, Inc.’s case against an anonymous speaker and provided the lower court with a new standard for determining when an anonymous speaker’s identity may be revealed. The Volokh Conspiracy notes that although the court limits its decision to defamation ... Read More...
Posted On Aug - 31 - 2009 Comments Off READ FULL POST
Blogger Status Fails to Provide Journalistic Protection under N.J. Shield Law By Ian B. Brooks – Edited by Amanda Rice Too Much Media, LLC v. Hale, Case No. MON-L-2736-08, (N.J. Super. Ct. Law Div. June 30, 2009) Slip Opinion The Monmouth County Superior Court of New Jersey held that the Defendant, blogger Shellee Hale, was not entitled to the protections of a newsperson under New Jersey’s Shield Law. Although Hale claimed that her posts on an Internet message board were ... Read More...
Posted On Jul - 13 - 2009 Comments Off READ FULL POST
Social Networks Shielded from Liability for Sexual Assaults By Debbie Rosenbaum – Edited By Amanda Rice Julie Doe II et al. v. MySpace Inc., Case No. B205643, (Cal. Ct. App. June 30, 2009) Opinion On June 30, the Second District Court of Appeals in Los Angeles affirmed the judgment of the lower court and held that online social networks and other websites cannot be held liable for a sexual assault on a minor that stems from an online meeting. The ... Read More...
Posted On Jul - 10 - 2009 Comments Off READ FULL POST
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