Litigation (Non-Arizona) Archives - Page 42 of 46

Court Upholds Forum Selection Clause Contained in Click-Wrap Agreement

Digital Media Lawyer Blog: “A judge in the Southern District of New York has upheld a clause contained in a click-wrap user agreement that required any suit regarding use of the Match.com site to be brought in north Texas. The opinion actually commended Match.com for including this forum selection clause in its User Agreement. It noted that Match.com’s headquarters are in Dallas, Texas and that failure to include such a clause in its User Agreements would have subjected Match to suit in all 50 states.”

Burger King Franchisees Sue Over $1 Burger

Arizona Republic: “Burger King’s franchisees are taking their fight against the company over sandwich pricing to court. The National Franchisee Association filed a suit this week in U.S. District Court in Miami against Burger King, arguing that the company does not have the authority, under the franchisees agreement, to ‘dictate maximum pricing.’ The motivation for the suit comes after Burger King forced all franchisees to sell its double cheeseburger for $1, starting in October.”

Washington Honking Case Taken Up by State Supreme Court

Lowering the Bar: “The Washington Supreme Court has agreed to hear Helen Immelt’s claim that the city of Everett violated her First Amendment rights when it convicted her of excessive honking. As I noted this summer, the state court of appeal ruled against Immelt in June, holding that “horn honking per se” is not protected speech if it is done to annoy or harass others.”

Can a Physician Be Liable for Invasion of Privacy for Disclosing Anonymized Photos of a Plaintiff’s Torso to a Reporter?

Digital Media Lawyer Blog: “Can a physician be held liable for disclosing “before and after” photographs of one of his patients to a third party, if the photos don’t show her face or state her identity? According to a judge in the Eastern District of Missouri, is ‘yes’ — but only if the photos provide sufficient detail for someone to figure out who she is.”

Harrassment Lawsuit Alleges Cucumber Prank

Styleweekly.com: “A former worker at Williams Mullen is suing the law firm, charging sexual harassment and discrimination in U.S. District Court. The lawsuit, filed in Norfolk on Nov. 4, asks for $950,000 in punitive damages plus legal fees. . . . The suit describes what’s referred to as the ‘cucumber incident‘ . . . .”