Monday, February 17, 2025
Monday, February 10, 2025
Can a Thumbs-Up Emoji Form Binding Sales Contract?
This is the instant-classic lawsuit involving a Saskatchewan farmer who text-messaged a “thumbs-up” emoji in response to an offer to buy his flax. The lower court found that the seller’s thumbs-up emoji constituted assent to the buyer’s offer and awarded the buyer $82k (Canadian) in damages. On appeal, the Saskatchewan Court of Appeals affirmed the decision on a 2-1 vote.****
The seller argued that he had used the thumbs-up emoji to acknowledge receipt of the buyer’s text, not to assent to it. The majority says that is theoretically possible...Nevertheless, the majority says that the seller chose this particular emoji in this particular context...As a result, the emoji functioned as a signature...
The blogger, Prof. Eric Goldman, suggests that the outcome would have been the same in the United States:
While Canadian law resembles US law about electronic signatures, the emoji-as-signature issue may have been an easier call in the US courts. I think that the E-Sign and UETA laws in the US make it entirely clear that the emoji usage in this context would satisfy their requirements as a signature.
Monday, February 3, 2025
Second Amendment Legal Update, February 2025
Monday, January 27, 2025
Family Court E-Filing service expands to Schuyler, Seneca and Yates Counties
According to Schuyler County Attorney Steven Getman, as of Tuesday (January 21) Schuyler, Seneca and Yates counties join sixteen other counties across New York State in offering the service, known as NYS Courts Electronic Filing (“NYSCEF”).
“NYSCEF service permits the filing of legal papers by electronic means with the courts in certain case types,” Getman said. “In an e-filed case, the court and all parties to the action are provided with the same documents as they would receive in a non e-filed case. The difference is that the documents are provided electronically. This avoids the costs and time associated with printing, copying and mailing documents.”
“Expanded e-filing helps lawyers provide better service to their clients. Using technology to submit paperwork saves time, energy and taxpayer dollars,” Getman said. “This is especially helpful for rural communities, such as those in the Finger Lakes, where litigants may find travel difficult or costly and where there may not be enough lawyers,” Getman said.
New York State courts were already using e-filing statewide for many other types of cases, Getman noted. Courts having already instituted e-filing include Supreme Court, Surrogate’s Court and the New York State appellate courts. The federal courts also have their own electronic filing system, available to lawyers and the public, he said.
The court system offers training on how to use the e-filing system for people who do not have an attorney and are representing themselves, Getman said. Training also is available to attorneys and their staff members, he noted.
The New York State Bar Association studied the impact and benefits of e-filing for more than a decade with the most recent report adopted in 2023, which detailed the benefits of an expanded, statewide e-filing system.
As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county. In that role, his office represents the Department of Social Services and Probation Department in various family court prosecutions, including child abuse and neglect, juvenile delinquency and child support enforcement.
For more information on New York State family court e-filing, including a complete list of counties participating, click here.
Monday, January 20, 2025
Schuyler County solar development on farmland class to be held January 23
Schuyler County farmers and landowners are invited to an upcoming workshop to learn more about solar development on agricultural lands.Schuyler County Cornell Cooperative Extension (CCE) and Schuyler County Farm Bureau are hosting a workshop to address critical issues around solar development as it becomes more common for solar panels to be installed on agricultural lands in the Finger Lakes Region. The workshop will educate farmers and landowners about the important issues and teach them the things
they should know before leasing land to solar companies.****
The workshop, which is called “Solar & Ag in Schuyler County: What you need to know,” will start at 9:30 a.m. on Thursday, Jan. 23, and should end by 2:30 p.m. It will take place in the Human Services Complex, located at 323 Owego St. in Montour Falls. Registration is required, and there’s a $15 fee to join. The fee will include lunch.
For more information on factors to consider when leasing land for solar power, see below:
Monday, January 13, 2025
New York State Jury Service and Reform: Notice of Public Hearing
The Williams Commission is a permanent, independent commission within the New York State Unified Court System, committed to promoting racial and ethnic fairness in the courts. Its mission is to enhance the court system’s responsiveness to communities of color while advancing diversity, equity, and inclusion across the legal profession.
The Commission will be holding a hearing to discuss challenges to jury service and explore recommendations to improve jury outreach and diversification within the Third Department, including the Third, Fourth, and Sixth Judicial Districts as follows:
Date: Thursday, January 30, 2025
Time: 10:00 AM – 4:00 PM
Location: Appellate Division, Third Department
Robert Abrams Building for Law and Justice
State Street, Room 511
Albany, New York 12223
For more information on the Franklin H. Williams Judicial Commission, click here.