A student-run resource for reliable reports on the latest law and technology news

By Michelle Sohn

Posthumously Conceived Twins from Michigan Seek Deceased Father’s Social Security Benefits

On Thursday, the Michigan Supreme Court heard oral arguments on whether posthumously conceived twins are entitled to their father’s Social Security benefits, reports ABC News. The twins—aged 10—were conceived through in vitro fertilization, using sperm stored while their father, Jeffrey Mattison, underwent chemotherapy.  Months before Mr. Mattison’s death, the twins’ mother, Pamela Mattison, had been preparing for the in vitro treatment according to her attorneys. Mrs. Mattison conceived the twins in January 2001, weeks after Mr. Mattison’s death. While the case is one of first impression for the Michigan Supreme Court, the U.S. Supreme Court ruled on a similar issue earlier this year. In Astrue v Capato, the U.S. Supreme Court held that the eligibility of posthumously conceived children for social security benefits should be decided according to statutory requirements or a state’s intestacy law. The Michigan Supreme Court’s ruling in this case will decide whether Michigan’s law permits children conceived after a biological parent’s death to inherit benefits.

Ninth Circuit to Decide Whether a Sent E-Mail Can Create Agency

The U.S. Court of Appeals for the Ninth Circuit took on the question of whether a sent, but unread, e-mail can give rise to a contract claim, reports Law Technology News. The question arises from a contract dispute between Paramount, an almond and pistachio company, and Ventilex B.V., a Dutch manufacturer. The plaintiff in the dispute, Paramount, contracted with the defendant’s American sales unit, Ventilex U.S.A., to buy the defendant’s almond pasteurizing machine. According to the contract, Ventilex U.S.A. guaranteed the machine’s approval by and compliance with government regulations. However, the machine was not able to obtain governmental approval and Ventilex U.S.A eventually went bankrupt. Paramount then brought suit against Ventilex B.V. Pointing to an e-mail from Ventilex U.S.A to the defendant regarding the machine’s guaranteed government approval, the plaintiff argues that Ventilex U.S.A. was acting as an agent for the defendant. However, the defendant never responded to the e-mail and it is unclear whether the e-mail was actually read.

Google Transparency Report Released

Earlier this week, Google released a new report on transparency, reports Ars Technica. The report is released twice a year and discloses statistics on traffic, removal requests, and user data requests. According to the report, the U.S. government made the most requests for user data. From January to June 2012, the U.S. made nearly 8,000 requests for user data and Google complied with these requests 90% of the time. Overall, approximately 34,000 Google users were subject to surveillance requests by governments worldwide. The report also reveals that removal requests for copyrighted materials grew exponentially. The Microsoft Corporation has made the most removal requests for copyrighted material so far this year.

Posted On Nov - 17 - 2012 Comments Off

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