Election Law - Natural Disasters

While it is unlikely given the set nature and historic momentum behind the timing of our elections, Hurricane Sandy has led to the media exploring the possibility of postponing an election due to natural disaster.  It is possible since state's have the authority to  run their own elections.  Congress could also change the date.

 http://t.news.msn.com/politics/could-hurricane-sandy-delay-the-election

http://www.theatlantic.com/politics/archive/2012/10/could-hurricane-sandy-postpone-the-presidential-election/264254/

s/ Kurt Koehler
308 1/2 S. State Street Suite 36
Ann Arbor, Michigan 48198
(Washtenaw County)

Bail bonds

In case there was any doubt about this absconding to a foreign embassy and claiming asylum will result in a forfeiture of bail.  That is what happened this week to the people that served as bail sureties for Julian Assange.  His actions will cost them about $150,000.

http://www.abc.net.au/news/2012-10-09/assanges-bail-guarantors-ordered-to-pay-out/4302318

s/ Kurt Koehler
308 1/2 S. State Street Suite 36
Ann Arbor, Michigan 48198
(Washtenaw County)

Linkedin Account Lawsuit

A federal judge in Pennsylvania ruled that an employer's taking of a former employee's Linkedin account did not constitute a violation of the federal Computer Fraud and Abuse Act. 
http://lawyerist.com/linkedin-account-stolen-by-employer/

That is not surprising as this case is more of a case in state privacy law.  The blog post cited above refers to the Plaintiff's remaining state law claim as one for conversion.  However, the tort of conversion probably isn't the most applicable here.  A right to publicity claim under privacy tort law for misappropriation of her linkedin profile might be more appropriate.  The case facts assert that after the Plaintiff was fired from her job the employer changed the password on her Linkedin account and replaced her name and picture with that of her successor leaving the rest of the profile intact.  It would be a more clear-cut claim if the company had left the Plaintiff's name or photo on the account, but the screen name did not change and it appears neither did the other content on the profile.  So there is probably still enough there for a misappropriation of right of publicity tort assuming that the Plaintiff did not give the employer ownership of or continuing consent to use her right of publicity. 

Privacy tort laws vary from state to state.  Pennsylvania has both statutory and common law versions of the right to publicity tort.  She would have to prove damages as well by showing that account had commercial value and her losses from the misappropriation or she could seek an injunction.  There is also a separate invasion of privacy by misappropriation of name or likeness tort that does not require proof that the misappropriation is commercial in nature.  http://www.citmedialaw.org/legal-guide/pennsylvania-right-publicity-law 

s/ Kurt Koehler
308 1/2 S. State Street Suite 36
Ann Arbor, Michigan 48198
(Washtenaw County)

Alien Tort Statute

The Supreme Court reheard arguments in Koibel v. Royal Dutch Shell this past week.  I discussed this case on this blog back in February.  The issue before the court now is whether the alien tort statute can be used when the parties and the case have no connection to the United States. 

http://www.npr.org/2012/10/01/162110683/high-court-takes-up-human-rights-on-first-day-back

Previous Posts on the Alien Tort Statute:

http://koehlerlegal.blogspot.com/2012/03/alien-tort-statute-revisited.html
http://koehlerlegal.blogspot.com/2012/02/corporate-liability-under-alien-tort.html

s/ Kurt Koehler
308 1/2 S. State Street Suite 36
Ann Arbor, Michigan 48198
(Washtenaw County)

Federal Student Loan Collections Article

The Detroit Free Press has an interesting article today about the methods the federal government uses to collect student loans in certain jurisdictions including the Eastern District of Michigan.  In jurisdictions where the federal government hires private lawyers on a contingency basis (based on money actually collected) to file student debt default lawsuits there are far more lawsuits filed than in jurisdictions where it does not.  The article notes that the government collects about 80 cents on every dollar owed when the cases go into the court system.  The fact that student loan debt cannot be discharged in bankruptcy likely contributes to this number.

http://www.freep.com/article/20121007/NEWS06/310070254/Beware-metro-Detroit-The-feds-are-out-and-looking-for-payback-on-late-student-loans?odyssey=tab|topnews|text|FRONTPAGE

s/ Kurt Koehler
308 1/2 S. State Street Suite 36
Ann Arbor, Michigan 48198
(Washtenaw County)