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First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption.
This case got assigned to Judge Alsup’s courtroom. I previously summarized Judge Alsup’s modus operandi about motions to dismiss: Judge Alsup gives the benefit of the doubt to plaintiffs on motions to dismiss, only to hammer them on summary judgment if their evidence doesn’t hold up to scrutiny.
By JEFF COLTIN The New York City Council passed, and then-Mayor Bill de Blasio signed into law, a bill banning the sale and serving of foie gras in November 2019. It was set to take effect three years later, in November 2022, but the New York State Department of Agriculture and Markets ordered the city to foie greddaboudit.
by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.
StateLaws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. As noted, currently, only Illinois, Washington, and Texas have laws at the state level that aim to expressly and comprehensively address biometric privacy. 2019 IL 123186, 129 N.E.3d See Rosenbach v.
But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.
The plaintiffs claim that, “by enabling the transmission of ephemeral content on the application, Defendants facilitate the exchange of CSAM, and that Snap’s design of the application assists users in ‘evad[ing] supervision by legal guardians or law enforcement.'” the application of Section 230 to the failure-to-warn claims.
” A reminder that Section 230 cases often require the judges to apply the immunity to tragic facts. Yet, its wording was cumbersome enough that plaintiffs have nevertheless sought to overturn that modification–and have gotten some district court judges to agree along the way. raise the scienter bar.
Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.
Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.
Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.
This judge focused solely on Ninth Circuit precedent, which makes sense because this court is in the Ninth Circuit’s territory and that will help with any appeal). Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. MySpace ruling , but it dealt with this criminal-victim matching argument.
Tertiary liability is a doctrine too far for this judge, even after all of the plaintiff-favorable inferences made along the way. Then again, the plaintiffs have the ability to amend the complaint, so maybe they can recharacterize Salesforce’s omniscience enough to satisfy this judge. Google LLC , 2024 WL 1892291 (N.D.
Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.
The panel summarizes: “Because Does statelaw claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case.
5] In a motion passing 3-2 on a party-line vote, the Democratic commissioners removed the Chief Administrative LawJudge (the “ALJ”) from the role of Presiding Officer in Magnuson-Moss rulemaking; Chair Khan or her designee will instead assume the role of Presiding Officer, giving Chair Khan even greater control over future rulemaking efforts. [6]
Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.
Perhaps Facebook should have done a better job articulating this, but the judge was far too eager to disrespect the editorial function. “The District’s stated interest in prosecuting its claims is the protection of children from the significant adverse effects of the addictive design features on Meta’s social media platforms.
In November 2024, a magistrate judge dismissed the plaintiff’s claims against OnlyFans on Section 230 grounds. The plaintiff objected to the magistrate’s R&R, but the supervising judge rejects the objections. Unsurprisingly, this judge thinks the Anderson v. The plaintiff brought a FOSTA lawsuit. Prior blog post.
Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.
In light of the strong hostility to Section 23o among the Fifth Circuit judges, every Section 230 case that reaches the Fifth Circuit is likely to be a jurisprudential roller-coaster. appointed Judge Morales from the Southern District of Texas, sitting by designation. Note: the opinion was written by Trump 1.0-appointed
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