Emotional Injury as Privacy Harm

Perhaps lost in all the understandable attention to yesterday’s Supreme Court decision in the Wal-Mart class action case, the Court also granted cert. in a potentially significant privacy law case, FAA v. Cooper. SCOTUSBlog has collected the documents in the case here. The formal question presented in the case is: Whether a plaintiff who alleges [...]

Flyonthewall Not Squashed

Update: I’ve quickly read the Flyonthewall opinion. It’s complicated, and deserves a close read. So far, I think it is well-reasoned. In particular, it does several helpful things: INS v. AP – The case smartly inters INS v. AP, the turgid Supreme Court case that generated the “hot news” misappropriation tort. The Second Circuit rightly [...]