The Supreme Court’s Upcoming Decisions Regarding Class Action Lawsuits

A Well Fitted Suit: The Supreme Court’s Upcoming Decisions Regarding Class Action Lawsuits

Christopher Finke*

Class action lawsuits have garnered much media attention and have gathered a reputation as opportunities for greedy lawyers.  Christine Frymire, Comment, Class Actions a Thing of the Past . . . Or Are They? A Look at the Circuit Courts’ Application of Comcast v. Behrend, 48 J. Marshall L. Rev. 335, 363 (2014).  Some have gone so far as to call it “legalized blackmail.”  Id.  The Supreme Court granted certiorari to three cases, which could have strong ramifications for class action suits.  See Gomez v. Campbell-Ewald Co., 135 S. Ct. 2311 (2015); Bouaphakeo v. Tyson Foods Inc., 135 S. Ct. 2806 (2015); Robins v. Spokeo, Inc., 135 S. Ct. 323 (2014). Continue reading “The Supreme Court’s Upcoming Decisions Regarding Class Action Lawsuits”

Fantasy to Face Reality: The Future of Sports Betting and Fantasy Leagues

Fantasy to Face Reality: The Future of Sports Betting and Fantasy Leagues

Erik Johnson*

A Fantasy league takes the rush of “gambling” and combines it with the thrill and excitement of sports by allowing individuals to get involved in the games they watch.  It is no surprise then that fantasy sports have seen a massive explosion in recent years, specifically Daily Fantasy Sports, or “DFS.”  This recent evolution has brought many to question the blurred legal lines between fantasy leagues and sports betting.Continue reading “Fantasy to Face Reality: The Future of Sports Betting and Fantasy Leagues”

Trademark & Ownership: Just Do It

Trademark & Ownership: Just Do It

Drew Chlan*

Trademark law in the United States provides an entity with a right of property.  15 U.S.C.A. § 1051 (2002).  If a person or corporation is found to be in violation of trademark law, the Code states that:

“Any person who shall, without the consent of the registrant—
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
(b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action by the registrant for the remedies hereinafter provided.”

Id. § 1114.Continue reading “Trademark & Ownership: Just Do It”

Legal Challenges of Ridesharing Companies

The Driving Force Behind an Emerging Industry: Legal Challenges of Ridesharing Companies

Elizabeth Reinecke*

I. Introduction

The advent of technology has made it possible for anyone who owns a smartphone to have his or her own personal driver through the use of a free application (app).  Ridesharing companies like Uber, Lyft, and Sidecar, allow users to enter their credit card information into the app, which will automatically be charged at the end of the requested ride.  This makes both requesting a ride and paying for a ride much easier than trying to hail a taxi.  Emily Dobson, Note, Transportation Network Companies: How Should North Carolina Adjust Its Regulatory Framework, 66 S.C. L. Rev. 701, 703-04 (2015) (citing Sara Silverstein, These Animated Charts Tell You Everything About Uber Prices in 21 Cities, Bus. Insider (Oct. 16, 2014), http://www.businessinsider.com/uber-vs-taxi-pricing-by-city-2014-10).Continue reading “Legal Challenges of Ridesharing Companies”

Arrested for being Homeless: Anomaly or Reality?

Arrested for being Homeless: Anomaly or Reality?

Tiffany Ashton*

Being homeless in America means consistently worrying about finding safe and legal shelter for the night.  Statement of Interest of the United States at 2, Bell v. City of Boise, 993 F. Supp. 2d 1237, No. 1:09-cv-540-REB (D. Idaho 2014).  In 2014, “over 42% of homeless individuals slept in unsheltered, public locations—under bridges, in cars, in parks, on sidewalks, or in abandoned buildings.”  Id. at 2.  While these places may be unsafe and may put the homeless at a higher risk of being involved in crime, those individuals are also putting themselves legally at risk of arrest.  Id. at 3 (citing Jones v. City of Los Angeles, 444 F.3d 1118 (9th Cir. 2006) (vacated after settlement, 505 F.3d 1006 (9th Cir. 2007))).  Cities have begun to enact ordinances that make it illegal for individuals to sleep outside.  Id. at 9 (citing Jones, 444 F.3d 1118; Johnson v. City of Dallas, 860 F. Supp. 344, 350 (N.D. Tex. 1994); Pottinger v. City of Miami, 810 F. Supp. 1551, 1563 (S.D. Fla. 1992)).  Compliance with the cities’ ordinances is increasingly difficult for a homeless person turned away from multiple shelters for lack of space on any given night.  Id. at 12.  In a recent case, Bell v. City of Boise, 993 F. Supp. 2d 1237 (D. Idaho 2014), homeless plaintiffs in Idaho are challenging the city’s anti-camping and disorderly conduct ordinances as cruel and unusual punishment in violation of the Eight Amendment.Continue reading “Arrested for being Homeless: Anomaly or Reality?”