Using The Name Or Likeness Of Another

In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone's name or photograph in a commercial setting, such as in advertising or other promotional activities. But, some states also [...]

Free Expression Limitations On Liability

Exception for News and Commentary You generally cannot be held liable for using someone's name, likeness, or other personal attributes in connection with reporting or commenting on matters of public interest. Many courts view this as a constitutional privilege based on the First Amendment, and some states have statutes explicitly exempting news reporting and [...]

Federal Lawsuit Austin

Man claims he was falsely arrested The Kelly Legal Group, PLLC filed a federal lawsuit alleging that a man was wrongfully arrested for failing to show his identification. Our Client was awaiting the start of his work day when two Texas Department of Public Safety agents approached he and a coworker and demanded to [...]

Ocwen told to stop

Ocwen Financial Corp. the mortgage servicer was recently hit with 20 states issuing cease-and-desist orders. The Consumer Financial Protection Bureau soon followed with a lawsuit. The orders demanded that Ocwen not acquire any new servicing rights and residential mortgages until such time as the company can prove that it is financial viable and it [...]

Free Expression Limitations on Liability

Exception for News and Commentary You generally cannot be held liable for using someone's name, likeness, or other personal attributes in connection with reporting or commenting on matters of public interest. Many courts view this as a constitutional privilege based on the First Amendment, and some states have statutes explicitly exempting news reporting and [...]

Foreclosure Defense in May 2014

Pending in the United States Court of Appeals for the Fifth Circuit is a case of major importance as far as foreclosure defense cases go. The case is styled Arnold v Bank of America, N.A. et al Cause No. 13-40649. The reason the case is of such importance is the fact that the case [...]