Since 2001, Callaghan has worked part-time at the South Portland Library. Edwards works for the Parks and Recreation Department about four hours per week. Both are subject to a personnel policy, which, following 2010-2011 amendments, provides that city employees may not seek or accept nomination or election to any South Portland elective office; use the influence of their employment for or against any candidate for city elective office; circulate petitions or campaign literature for any city elective office; solicit or receive subscriptions, contributions or political service from any person for or against any candidate for any city elective office; or use city property to assist or advocate for or against any candidate. Callaghan has served on the School Board since 2007. When Callaghan sought reelection in 2011, the City Clerk stated that the personnel policy amendments prevented placement of her name on the ballot. Edwards had served on the Board for 18 years. In 2010, Edwards expressed interest in filling a vacancy on the Board. After the City Clerk questioned whether Edwards could be appointed given his city employment, Edwards did not pursue the appointment. Edwards and Callaghan filed a complaint, 42 U.S.C. 1983, asserting that the policy was an unconstitutional restraint on political speech. The trial court entered partial summary judgment for the employees and an injunction barring enforcement of a prohibition on any city employee seeking election to or serving on the School Board or, on their own time, from circulating petitions or campaign literature and soliciting or receiving contributions or political service for or against candidates in School Board elections. The Maine Supreme Court affirmed as to the employees, but vacated the judgment to the extent that it invalidates the policy as to employees who were not parties.View "Callaghan v. City of South Portland" on Justia Law

T-Mobile filed suit under the Telecommunications Act of 1996, 47 U.S.C. 332(c)(7)(B), challenging the Board's denial of T-Mobile's application for permits to build two telecommunications towers in Loudoun County - one disguised as a bell tower and one disguised as a silo on a farm. The district court concluded that the Board improperly denied T-Mobile's application for the silo tower and affirmed the Board's decision denying permits for the bell tower. The court concluded that the Board's decision to deny T-Mobile's Bell Tower Site application was supported by substantial evidence; did not have the effect of prohibiting the provision of personal wireless services in view of the possibility of other alternatives; and was not made on the basis of health concerns about radio frequency emissions. In regards to the Silo Site, the court concluded that while the aesthetic concerns that the Board gave for denying T-Mobile's application were supported by substantial evidence, its decision to base the denial of T-Mobile's application on improper environmental concerns about radio frequency emissions was prohibited by the Act. Accordingly, the court affirmed the judgment of the district court. View "T-Mobile Northeast LLC v. The Loudoun Cty. Bd." on Justia Law

Trusts that owned fifty percent of the common stock of nominal defendant IMS alleged that two of the company's three most senior officers mismanaged the company in breach of their fiduciary duties. Trusts moved to compel IMS to produce the senior officers' work email accounts. The senior officers asserted the attorney-client privilege but did not invoke the work product doctrine. The court concluded that the In re Asia Global Crossing, Ltd. factors weighed in favor of production, absent a statutory override that could alter the common law result. Because IMS conducted its business in Maryland, the federal government and the State of Maryland were the sovereigns whose laws IMS must follow when dealing with its employees' email. The Federal Wiretap Act, 18 U.S.C. 2510 et seq.; the Federal Store Communications Act, 18 U.S.C. 2701; the Maryland Wiretap Act, Md. Code, Cts. & Jud. Proc. 10-401 to 10-414; and the Maryland Stored Communications Act, Md. Code, Cts. & Jud. Proc. 10-4A-01 to 10-4A-08, did not change the common law privilege analysis. Accordingly, the court granted the motion to compel.View "In re Info. Mgmt. Servs., Inc. Derivative Litigation" on Justia Law

A business that manages commercial real estate and its owners were sued in a purported class action under the Telephone Consumer Protection Act, 47 U.S.C. 227, for having paid a “fax blaster” (Business to Business Solutions) to send unsolicited fax advertisements. Aggregate statutory damages would be more than $5 million or, if the violation is determined to be willful or knowing, as much as three times greater. The Seventh Circuit denied leave to appeal class certification in the suit, which is more than five years old. The court noted that it had no knowledge of the value of the defendant-business and that, even if the defendants could prove that they will be forced to settle unless class certification is reversed, they would have to demonstrate a significant probability that the order was erroneous. Rejecting challenges concerning individual class members, the court noted that no monetary loss or injury need be shown to entitle junk‐fax recipient to statutory damages. The adequacy of the class representative was not challenged. View "Wagener Equities, Inc. v. Chapman" on Justia Law

Bray is an antiabortion activist and wrote a book, A Time to Kill. In 1985, Bray was convicted for a felony relating to physical damage to abortion centers. He spent four years in prison. Planned Parenthood (PPCW) was a plaintiff in a 1995 suit against antiabortion activists (including Bray) for intimidation by threat of force under the Freedom of Access to Clinic Entrances Act, 18 U.S.C. 248. In 2005, PPCW sought to collect its $850,000 judgment and obtained a writ of execution authorizing seizure of specified property. The Bray family filed a “Bivens” suit, claiming that U.S. Marshals conspired with PPCW to seize their property in an unconstitutional manner. The complaint alleged that during a “surprise raid” Bray was required to sit on his couch while flak-jacketed Marshals, advocates for political positions that Bray despised, plus unknown persons, seized the books, papers, computers and cameras, of Bray and his family, excepting only children’s books and Bibles. Bray was not allowed to leave the couch or to call his lawyer. Eventually a Marshal called Bray’s lawyer. The district court dismissed. The Sixth Circuit affirmed, noting that Bray had settled with all defendants, except the Marshals, who were entitled to qualified immunity in carrying out a presumptively valid federal court order, even by “highly questionable ways.” The unconstitutionality of certain actions was not then clearly established with sufficient specificity. If the alleged facts are true, the incident was “more like home raids by Red Guards during China’s Cultural Revolution than like what we should expect” in the U.S., even if Bray’s ideas are “repugnant.”View "Bray v. Planned Parenthood Columbia-Willamette, Inc." on Justia Law

Clark was indicted under 720 ILCS 5/14-2(a)(1)(A) for having used an eavesdropping device to record a conversation between himself and attorney Thomas without her consent and having used a device to record a conversation between himself, Judge Janes, and Thomas while Janes was acting in the performance of official duties, without the consent of either. Defendant stated that he was in court and attorney Thomas was representing the opposing party; there was no court reporter nor was there any recording device, so he made recordings to preserve the record. He claimed he had a first amendment right to gather information by recording officials performing their public duties. The circuit court dismissed, holding that the statute is unconstitutional on substantive due process and first amendment grounds. The Illinois Supreme Court affirmed, reasoning that if another person overhears what we say, that person may write it down and publish it, but if that same person records our words with a recording device, even if it is not published in any way, a criminal act has been committed. The statute goes too far in its effort to protect individuals’ interest in the privacy of their communications and burdens substantially more speech than necessary to serve interests it may legitimately serve. It does not meet the requirements necessary to satisfy intermediate scrutiny.View "People v. Clark" on Justia Law

Defendant was charged with computer tampering in an unrelated case. The docket sheet, the judge’s half sheet, and the court call sheet for the arraignment date indicate that defendant was not in court and that the arraignment did not take place. Defendant’s efforts to have a court reporter change the transcript were unsuccessful. The court reporter referred defendant to her supervisor, Taylor. In a telephone conversation, Taylor explained that any dispute over the accuracy of a transcript should be presented to the judge. Defendant surreptitiously recorded three telephone conversations with Taylor and posted recordings and transcripts of the conversations on her website. Defendant eventually obtained a fraudulent court transcript. Defendant was charged with eavesdropping, (720 ILCS 5/14-2(a)(1), and using or divulging information obtained through the use of an eavesdropping device, 720 ILCS 5/14-2(a)(3). Defendant claimed am exception for “reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person … and there is reason to believe that evidence of the criminal offense may be obtained.” The state argued that the exception did not apply because the reporter accused of creating a forged transcript was not a party to the recorded conversations. After a mistrial, the court found the statute facially unconstitutional and unconstitutional as applied to defendant. The Illinois Supreme Court affirmed, applying intermediate scrutiny and finding the statutes overbroad as criminalizing a range of innocent conduct. The eavesdropping statute does not distinguish between open and surreptitious recording and burdens substantially more speech than is necessary to serve a legitimate state interest in protecting conversational privacy. The language of the recording statute criminalizes the publication of any recording made on a cellphone or other such device, regardless of consent. View "People v. Melongo" on Justia Law

Respondent Northern New England Telephone Operations, LLC d/b/a FairPoint Communications – NNE (FairPoint), appealed two orders of the New Hampshire Public Utilities Commission (PUC). Petitioners are all “competitive local exchange carriers.” The PUC ordered Verizon New Hampshire to stop imposing “carrier common line charges” upon certain telephone calls that did not require the use of Verizon’s common line. The PUC found that Verizon did not provide switched access service in connection with these calls. Under the plain language of Verizon’s access tariff, the Supreme Court concluded that Verizon was allowed to impose a “carrier common line access charge” (CCL charge) upon “each aspect of switched access service,” and that “common line access” is only one component of switched access service. It was undisputed that Verizon provided other aspects of switched access service with respect to the calls at issue. Following the Supreme Court's decision, the PUC reopened the proceeding and ordered FairPoint, which had purchased Verizon’s New Hampshire assets, to modify the Tariff to clarify that it could “charge CCL only when a FairPoint common line is used in the provision of switched access services.” Ultimately, the PUC approved in part, and rejected in part, tariff revisions that FairPoint submitted. The PUC approved FairPoint’s revision of the CCL charge, but rejected FairPoint’s proposal to increase the rate of an interconnection charge under the Tariff. The PUC granted the petitioners’ motion to dismiss the portion of the docket related to the interconnection charge. FairPoint unsuccessfully moved for reconsideration of both orders, and this appeal followed. Finding no error, the Supreme Court affirmed.View "Appeal of Northern New England Telephone Operations, LLC" on Justia Law

This case arose from a dispute over Core's interconnection agreement with Verizon. On appeal, Core challenged the district court's grant of summary judgment to Verizon with respect to tort claims pursued by Core under Maryland law. Core also contended that the district court erred when it awarded nominal damages to Core on its related claim for breach of contract (Reconsideration Order). The court concluded that the district court did not abuse its discretion in permitting Verizon to raise the Exculpatory Clause, post-remand, in the summary judgment proceedings; the district court did not err in enforcing the Exculpatory Clause in the consolidated proceedings where the Clause was not void under principles of Maryland contract law; the district court did not err in awarding Verizon summary judgment on Core's state law tort claims for concealment and unfair competition where Core failed to establish that Verizon acted with intent to defraud or deceive; and the district court properly entered judgment on Core's breach of contract claim in the nominal sum of one dollar. Accordingly, the court affirmed the judgment of the district court. View "Core Communications, Inc. v. Verizon Maryland, Inc." on Justia Law

The Commission granted waivers with nunc pro tunc effect to many of the companies seeking relief from a compliance deadline regarding regulations that required digital wireless service providers to offer telephone handsets that are compatible with hearing aids. Petitioners sought review of the Commission's denial of waivers for petitioners and raised several challenges to the procedural regularity of the Commission's adjudication of their waiver petitions. Because the three petitioners did not comply until after January 1, 2007, and because they reported to the Commission that they had done nothing to seek out compliant telephones beyond contacting their existing suppliers, petitioners failed to satisfy either of the Commission's reasonable criteria for waiver. Accordingly, the Commission's decision to deny the waiver petitions was reasonable. The Commission did not treat similarly situated carriers differently without offering an adequate explanation. The court rejected petitioners' remaining arguments and denied the petition for review. View "Blanca Telephone Co., et al. v. FCC" on Justia Law