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Appeals Posts
Let the Games Begin: Legal Online Poker Starts Up in Nevada
May 1, 2013
Let the Games Begin: Legal Online Poker Starts Up in Nevada
April 30 was an historic day for online poker players in the United States. Just a bit more than two years after the indictment and civil cases that were termed “Black Friday” shut down the industry, Ultimate Poker became the first live real-money online poker site in the United States after Black Friday. Nevada became…
Court to Rule on Exceptions to Warrant Requirement for GPS Tracking
Apr 19, 2013
Court to Rule on Exceptions to Warrant Requirement for GPS Tracking
The U.S. Court of Appeals for the 3rd Circuit is set to become the first federal appellate court to answer the question left open by the Supreme Court in United States v. Jones. Last year, the Court held in Jones that a Fourth Amendment “search” occurs, and a warrant is required, when a GPS tracking…
What’s at the Bottom of the ‘Robosigning’ Scandal?
Apr 9, 2013
What’s at the Bottom of the ‘Robosigning’ Scandal?
The problematic practice of robosigning – whereby banks and other lenders improperly foreclosed on properties through formulaically processing foreclosure documents – has been much in the news over the past couple of years. The feds have been investigating banks and individuals; state attorneys general have joined forces in pursuit of robosigners; and, unsurprisingly, there have…
Court: Data on Unsecured Network May Qualify for 4th Amendment Protection
Mar 11, 2013
Court: Data on Unsecured Network May Qualify for 4th Amendment Protection
The vast increase in the use of wireless data networks has led to new legal issues regarding network users’ right to privacy. A recent opinion issued by the U.S. District Court for the District of Oregon indicates that, under some circumstances, individuals on an unsecured wireless network have a reasonable expectation of privacy entitling them…
Was This Identity Theft? Sixth Circuit Should Limit Meaning of That Term
Mar 5, 2013
Was This Identity Theft? Sixth Circuit Should Limit Meaning of That Term
What’s in a name? When you think of identity theft, you typically think of someone taking a person’s name plus some other identifiers, like their address and Social Security number or credit card number, to go on a spending spree or drain the victim’s bank account. You may think of fraudulent impersonation. But what if…
Va. Court Declines to Decide Status of Poker Under State’s Gambling Law
Mar 4, 2013
Va. Court Declines to Decide Status of Poker Under State’s Gambling Law
On February 28, 2013, the Virginia Supreme Court issued an opinion in which it declined to address the legality of playing poker in the state but left open the possibility for the issue to be decided in a future case. The full opinion in the case, Daniels v. Mobley, is available here. Charles Daniels, a…
Court Finds State Ban on Sex Offenders’ Use of Social Media Tramples Speech Rights
Jan 25, 2013
Court Finds State Ban on Sex Offenders’ Use of Social Media Tramples Speech Rights
In a January 23, 2013, ruling, the U.S. Court of Appeals for the 7th Circuit held that an Indiana law that prohibited most registered sex offenders from using social media websites was unconstitutional because it was “not narrowly tailored to protect the state’s interest.” The decision was restricted to the Indiana statute on sex offenders…
N.J. Again Passes Online-Poker Bill; Decision Now in Governor’s Hands
Dec 20, 2012
N.J. Again Passes Online-Poker Bill; Decision Now in Governor’s Hands
New Jersey could soon become the third state to legalize online gaming within its borders. Its State Senate on December 20, 2012, voted 33-3 to legalize online poker in the state. The General Assembly had previously approved the bill by a vote of 48-25-3. The bill was able to achieve significant bipartisan support in both…
Court’s Strict Interpretation of Bank Fraud Law May Rein In Prosecutors
Dec 11, 2012
Court’s Strict Interpretation of Bank Fraud Law May Rein In Prosecutors
A recent interpretation of the federal bank fraud statute by the United States Court of Appeals for the Second Circuit may prove to be a useful check to overreaching by federal prosecutors, who have tended to use that statute in the past as a catch-all law enforcement tool. In United States v. Nkansah, the Court…
D.C. Circuit: Restitution Order Must Involve Victim’s Loss, Not Defendant’s Gain
Dec 5, 2012
D.C. Circuit: Restitution Order Must Involve Victim’s Loss, Not Defendant’s Gain
On November 9, 2012, in a unanimous opinion in United States v. Fair, the U.S. Court of Appeals for the D.C. Circuit found that the district court had abused its discretion in ordering restitution in the amount of $743,000 in a criminal copyright infringement case. The appeals court vacated the lower court’s restitution order, finding…
