LIVE: Writing a “Moc” Lawsuit

L.L. Bean announced today that it will no longer honor its previous lifetime guarantee on many of its products. The new policy is a 1 year guarantee with returns after longer periods “considered”.

While it’s completely understandable to curb abuse, many customers fear that they have lost some of the value they bargained for when they bought goods with a lifetime guarantee. Taking away that guarantee amounts to removing value that customers have already paid for by removing future benefits that customers reasonably expected.

My super-secret guest and I will write a class-action lawsuit from start to finish, LIVE. This will be an academic exercise only and is not legal advice or ghost writing of any kind.

We will go over the basic legal principles of:

  • a well-plead complaint;
  • jurisdiction;
  • a class-action lawsuit;
  • basics of contracts for goods;
  • warranties;
  • damages;
  • specific performance;
  • and more!

Join me LIVE on at 3pm Eastern today, 2/10.

See you then!

4th Circuit affirms: Cox Not in DMCA Safe Harbor

The Appeals Court said Cox, a major ISP, lost their safe harbor protections by not implementing a termination procedure for repeat copyright infringers. Cox had taken a hard stance against “DMCA Settlement Letters”, refusing to forward any from Rightscorp, BMG’s rep.

Cox had appealed from a lower court ruling which also held them liable for $25 million in Statutory Damages.

The 4th Circuit sent the matter back to the District Court for a new trial on whether Cox’s alleged “wilful blindness” is enough for the jury to find them liable. The District Court had instructed the jury using a “should have known” or negligence standard that the appeals court found was not a high enough standard to meet and match other case law, particularly patent law.

Opinion and Order inside.

Continue reading “4th Circuit affirms: Cox Not in DMCA Safe Harbor” »

Federal Judge grants stay of POTUS Deport Order

Protests at JFK Airport. Source @SmellTheTea

Judge Ann Donnelly GRANTED the ACLU’s Motion to Stay the POTUS Executive Order to deny and deport immigrants to the United States from seven primarily Muslim countries.

The Executive Order, signed January 27th, 207, is still in effect while the Judge prepares to hear and evaluate further argument on the constitutionality of the POTUS’ Order. Judge Donnelly’s Stay applies only to those already in the country and being held at airports. Nationals from the seven banned countries will still be unable to travel to the US.

But those who were under threat of deportation, already starting today, January 28th, 2017, are at least protected from  deportation while the court hears their claims.

The Judge cited the following in support of her Order Staying the deportation of immigrants under the POTUS’ Order:

  1. “The petitioners have a strong likelihood of success in establishing that the removal of the petitioner and others similarly situated violates their rights to Due Process and Equal Protection guaranteed by the United States Constitution;”
  2. “There is imminent danger that, absent the stay of removal, there will be substantial and irreparable injury to refugees, visa-holders, and other individuals from nations subject to the January 27, 2017 Executive Order;”
  3. “The issuance of the stay of removal will not injure the other parties interested in the proceeding;”
  4. “It is appropriate and just that, pending completion of a hearing before the Court on the merits of the Petition, that the Respondents be enjoined and restrained from the commission of further acts and misconduct in violation of the Constitution as described in the Emergency Motion for Stay of Removal.”The ACLU has posted an article on their website also claiming the Executive Order violates the Establishment Clause of the U.S. Constitution.

Reddit Megathread discussing the issues here.

ACLU Order to Stay POTUS Deport Order