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Posts from October 2018.
Posted in Litigation

BGD’s K. Mulvaney and M. Christensen draft amicus brief in support of decision.

Indiana’s state motto is “the Crossroads of America” and, when it comes to railroad grade crossings, the Hoosier State lives up to its name. With 5,693 grade crossings, Indiana has the highest concentration of grade crossings in the country — one grade crossing for every 17 public-roadway miles in Indiana. See Indiana Dep’t of Transportation, Indiana State Rail Plan, 25, 32, 69-70 (Oct. 2017).

This article appeared in the Indianapolis Business Journal on October 5, 2018.

My last article on the blood-testing firm Theranos explored how and why so many people could have been deceived by a business strategy and technology that proved to be entirely dependent on deception. Since that article appeared last spring, the unraveling of Theranos has accelerated, and we can now glean some additional learnings.

The United States Court of Appeals for the Seventh Circuit (the “Seventh Circuit”) recently decided the case of Naperville Smart Meter Awareness v. City of Naperville, 900 F.3d 521 (7th Cir. 2018). The suit brought by Naperville Smart Meter Awareness (“NSMA”) alleged that the collection of smart meter energy-consumption data by the City of Naperville, Illinois, (the “City”) constituted an unreasonable search under the Fourth Amendment of the U.S. Constitution and should be prohibited.[1] The Seventh Circuit made two important holdings in the case. First, it held that the collection of smart meter data is, in fact, a search under the Fourth Amendment. Second, it held that under the specific facts of the case, the City’s smart meter program constitutes a reasonable search and thus does not violate customers’ Fourth Amendment rights.

[1] NSMA also brought state constitutional claims under the Illinois constitution that are not addressed here.

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