United States: The Police Department, the Blog and Defamation – Susan Brenner

7 11 2015

NHSupremeCt copyThis post examines an opinion the Supreme Court of New Hampshire recently issued in a civil case: McCarthy v. Manchester Police Department, 2015 WL 5559880 (2015). As usual, the court begins the opinion by explaining how, and why, the lawsuit arose. Read the rest of this entry »





United States: The Lawyer, Avvo and the Anonymous Review – Susan Brenner

13 09 2015

Courtroom,_United_States_Courthouse,_Sioux_City,_IowaThis post is about Deborah Thomson, a Florida attorney who “brought a defamation suit against Doe, an anonymous poster who wrote a negative review of Thomson on Avvo.com.”  Thomson v. Doe, 2015 WL 4086923 (Court of Appeals of Washington 2015). Read the rest of this entry »





United States: The “Pocket Dial,” Wiretapping and a Reasonable Expectation of Privacy – Susan Brenner

31 07 2015

Pocket DialThe U.S. Court of Appeals for the 6th Circuit recently issued an interesting opinion in a civil suit:  Huff v. Spaw, 2015 WL 4430466 (2015) [pdf]. The court began its opinion by explaining that “[t]his case requires us to consider whether a person who listens to and subsequently electronically records a conversation from an inadvertent `pocket-dial’ call violates Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. § 2510 et seq. (`Title III’).”   Read the rest of this entry »





United States: The Sheriff, Welfare Fraud and Defamation – Susan Brenner

14 07 2015

Sidney-ohio-courthouseThis post examines an opinion an Ohio court issued in a civil case:  Hughes v. Lenhart, 2015 WL 1138262 (Ohio Court of Appeals 2015).  The Court of Appeals begins its opinion by explaining how the case arose: Read the rest of this entry »





United States: “Outrage Tort” Privacy and the Geek Squad – Susan Brenner

20 06 2015

Tuscaloosa_Federal_Courthouse,_Tuscaloosa_(Tuscaloosa_County_,_Alabama)This post examines an opinion in which a U.S. District Court Judge ruled on cross-motions for summary judgment filed, respectively, by the plaintiff who brought the lawsuit and by the defendant:  March v. Best Buy Stores, Inc., 2015 WL 3467036 (U.S. District Court for the Northern District of Alabama 2015). Read the rest of this entry »





United States: The Facebook Posts, Cyberstalking and “Substantial Emotional Distress” – Susan Brenner

30 05 2015

Dutch_Painting_in_the_19th_Century_-_Van_de_Laar_-_The_DivorceThis post examines a recent opinion from the Florida Court of Appeals that involves domestic violence and “cyberstalking.”  Horowitz v. Horowitz, 2015 WL 1443223 (District Court of Appeals of Florida – Second District 2015).  The best explanation of how the case arose appears in the brief Sammie D. Horowitz filed in appealing a judge’s entry of an “injunction for protection against domestic violence” against him.  Horowitz v. Horowitz, Initial Brief of Appellant, 2013 WL 7101921 District Court of Appeals of Florida – 2d District 2013). Read the rest of this entry »





United States: Nudity, Privacy and the Prostitute – Susan Brenner

24 05 2015

Anthonie_Palamedesz._-_Brothel_Scene_-_WGA16867After a jury convicted Charles Adams “of capturing a representation that depicts nudity without the knowledge or consent of the person who is depicted nude in violation of Wisconsin Statutes § 942.09(am)1,” he appealed.  State v. Adams, 2015 WL 1034741 (Wisconsin Court of Appeals 2005).  Read the rest of this entry »





United States: The “Homewrecker,” the Blog and Stalking – Susan Brenner

30 04 2015

Rowlandson_-_Stolen_KissesThis post concerns an opinion is from judges who sit in the District Court of Appeals of Florida –Second District:  Leach v. Kersey, 2015 WL 1740907 (2015).  The Court of Appeals begins the opinion by explaining that “Melissa Leach appeals a final judgment of injunction for protection against stalking entered in favor of Tara Michelle Kersey.”  Read the rest of this entry »





United States: The Tracking Device, Email Hacks and Invasion of Privacy – Susan Brenner

15 04 2015

US_Courthouse,_East_St_LouisThis post examines a U.S. District Court Judge in the Southern District of Illinois‘s recent opinion in a civil case:  Troeckler v. Zeiser, 2015 WL 1042187 (2015). The suit was brought by two plaintiffs: Theresa Troeckler and Candice Zeiser sued Donald Zeiser, Steven Jacobsen, Kyvon Services, LLC, Mark Stueck, William Reynolds and Brighton Lewis, Inc. Read the rest of this entry »





United States: Anonymous Speech, Twitter and Defamation – Susan Brenner

21 03 2015

SeattleCourthouseCMYKThis post examines an issue that arose in the case of Music Group Macao Commercial Offshore Limited, et al. v. John Does, Defendant [sic], 2015 WL 930249 (U.S. District Court for the Northern District of California) which the judge described as “primarily” one for defamation, with “attendant claims” Read the rest of this entry »