Eric Goldman

JUNE 14, 2024

There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue.

Lawsuit 76

Lawsuit Court Defendant Failure-to-appear 76

Eric Goldman

JUNE 12, 2024

had been mostly invisible in court opinions. recently started showing up more in court opinions–but not necessarily in a good way. I don’t know how many lawsuits they’ve filed because the team is filing many (all?) I don’t know how many lawsuits they’ve filed because the team is filing many (all?)

Court 69

Court Defendant Law Law 69

Eric Goldman

JANUARY 30, 2024

, Atari sought a preliminary injunction, which the court denies because “Atari has not shown that it is likely to succeed on the merits.” ” In support of Printify’s position, the court summarizes: Printify does not design the products, does not manufacture or print the products, and does not ship the products.

Lawsuit 84

Lawsuit Court Judge Defendant 84

Eric Goldman

MAY 30, 2024

The court doesn’t give him that because YouTube didn’t breach the TOS, so he’s not entitled to any remedies. May 29, 2024) The post Ninth Circuit Rejects Another Lawsuit Over Account Termination–Mercola v. Case Citation: Mercola.com, LLC v. Google LLC , No. 23-2608 (9th Cir.

Lawsuit 79

Lawsuit Court Law Law 79

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. Instead, the court easily finds that the defendants qualify for Section 230 protection. The court replies: “The Second Circuit has affirmed dismissal at the pleading stage in several of its key cases interpreting Section 230.” It doesn’t work.

Lawsuit 84

Lawsuit Defendant Court Software 84

Eric Goldman

SEPTEMBER 26, 2024

In my previous post , I summarized: This lawsuit involves troubling allegations that Facebook executives ( allegedly , Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. Instagram, LLC, 2024 U.S. LEXIS 171462 (N.D.

Court 100

Court Judge Defendant Hearing 100

Eric Goldman

OCTOBER 6, 2024

2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” WTF are we doing in federal court???

Lawsuit 76

Lawsuit Court Failure-to-appear Defendant 76

Eric Goldman

NOVEMBER 1, 2024

He also brought a similar but unrelated lawsuit against Noel Wells). In the Bannon case, the appeals court held that Bannon’s post could qualify for anti-SLAPP protection and remanded to explore if Nelson met his pleading burdens. The court easily disagrees. Bridgers , 2024 WL 4614704 (Cal. Mayweather ).

Lawsuit 85

Lawsuit Law Law Court 85

Eric Goldman

FEBRUARY 27, 2024

[I blogged the Supreme Court oral arguments in the NetChoice cases yesterday. Now, with a little more time to complete its analysis, the court wrote a more thorough and refined opinion preliminarily enjoining Ohio’s law requiring parental consent for children’s usage of social media. I previously blogged the TRO.

Court 89

Court Law Law Lawsuit 89

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. As a result, the court finds that much of the lawsuit is a SLAPP. By declaring the lawsuit a SLAPP, the court concludes that Twitter misused the court system in an attempt to suppress CCDH’s speech.

Defendant 94

Defendant Court Litigator Litigation 94

Eric Goldman

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. CPUSA2, LLC , 2024 WL 2836241 (S.D. June 4, 2024) BONUS: RVC Floor Decor, Ltd.

Lawsuit 106

Lawsuit Defendant Court Litigator 106

Eric Goldman

NOVEMBER 20, 2024

This is a pro se/in pro per lawsuit. The court treats his claims against Amazon as an easy Section 230 case: ICS Provider. 2024 WL 4825253 (E.D. 19, 2024) The post Section 230 Applies to Gamer’s Complaints About Griefing–Haymore v. He sued Amazon for $7B in compensatory damages and $70B in punitive damages.

Court 62

Court Lawsuit Law Law 62

Eric Goldman

FEBRUARY 14, 2024

Yet, remarkably, the court doesn’t cite the HomeAway case at all. The court cites to L.H. As usual, I cringe at the court’s “conduit” language. As the court make clear, GMB undertakes a variety of trust and safety efforts, so it’s not a typical communications “conduit.”

Lawsuit 81

Lawsuit Court Legal research Litigation 81

Eric Goldman

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly. Google (2d Circuit) and Rosetta Stone v.

Lawsuit 93

Lawsuit Defendant Court Litigator 93

Eric Goldman

JULY 10, 2024

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. Twitter, produced Supreme Court rulings last year. In light of that conclusion, the court declined to rule on the parallel Gonzalez v. Google and Taamneh v.

Lawsuit 86

Lawsuit e-filing Court Judge 86

Eric Goldman

MARCH 11, 2024

The court says that three aspects of the contributory copyright infringement claim survive Twitter’s motion to dismiss. The court says the tweeter does any “transmitting,” not Twitter or the viewer. The court says the tweeter does any “transmitting,” not Twitter or the viewer. Time flies.]

Lawsuit 86

Lawsuit Court Defendant Hearing 86

Eric Goldman

OCTOBER 5, 2024

eBay defeats the lawsuit. The court concludes that “to ‘sell’ an item one must either possess the physical item or its title,” neither of which eBay does. 2024 WL 4350523 (E.D.N.Y. 30, 2024) * * * BONUS: In the Matter of Amazon.com, Inc., Consumer Product Safety Commission July 29, 2024).

Defendant 101

Defendant Lawsuit Court Law 101

lennyesq

APRIL 1, 2024

On April 15, 2024 after nearly sixteen years and twenty plus dismissal attempts by CACI, the case will go to trial. In fact, this is the first lawsuit where victims of U.S. post-9/11 torture will get their day in court. government to conduct interrogations at the prison. The only case of its kind still alive, Al Shimari v.

Court 57

Court Lawsuit 57

Eric Goldman

SEPTEMBER 18, 2024

A court rejected Facebook’s motion to dismiss the BIPA claim for the AR filters used in Facebook Messenger and Facebook Messenger Kids. The court concludes that COPPA’s preemption provision nevertheless doesn’t apply to BIPA: BIPA’s subject matter is almost entirely distinct from that of COPPA. The complaint.

Lawsuit 76

Lawsuit Law Law Court 76

Eric Goldman

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. The district court decided that JLM owned the accounts using a six-factor test it created. Not a word on this from the appellate court.

Court 88

Court Failure-to-appear Lawsuit Judge 88

Eric Goldman

JULY 30, 2024

The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. This becomes yet another unsuccessful account termination/content removal lawsuit. We don’t know if this is a false positive, but obviously the user claims it is and cares enough to take it to court). July 26, 2024).

Defendant 82

Defendant Lawsuit Court Litigator 82

Eric Goldman

MAY 15, 2024

May 9, 2024). In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.”

Court 101

Court e-discovery Defendant e-filing 101

Eric Goldman

OCTOBER 22, 2024

The court says the plaintiff had standing: “Salazar’s alleged injury stems from the unauthorized disclosure of his personal viewing information, which is closely related to at least one common-law analog traditionally recognized as providing a basis for a lawsuit in American courts: public disclosure of private facts.”

Court 90

Court Lawsuit Law Law 90

Eric Goldman

FEBRUARY 25, 2024

The court finds fair use. ” Focusing on the commentary nature of the videos helps the court bypass any lurking commerciality issues. The court summarizes: “Three of the four statutory factors weigh in Mr. Swindelles’ favor; and Mr. Swindelles’ use of the copyrighted material serves a public benefit.”

Lawsuit 82

Lawsuit Court Lawyer Law 82

Wisblawg

MAY 28, 2024

Standing for Elections in State Courts Univ. Forthcoming, 2024) by MIRIAM SEIFTER , UW Law School, and Adam B. Courts have thrown out many of these lawsuits on standing grounds. Courts have thrown out many of these lawsuits on standing grounds. State courts are not bound by Article III of the U.S.

Court 40

Court Lawsuit Litigator Litigation 40

The North Carolina Journey of Law and Technology

FEBRUARY 1, 2024

Therefore, this exclusive NFC technology has become the basis of an antitrust investigation in the EU as well as a class action lawsuit in the United States. However, the several year battle, governed by the EU over Apple’s coveted tap-to-pay technology, came to a head in early 2024 when Apple offered to settle the EU antitrust suit.

Lawsuit 52

Lawsuit Court Law Law 52

Eric Goldman

JULY 9, 2024

Lloyd brought a pro se lawsuit against Facebook raising a myriad of concerns. In a footnote, the court adds “we do not address the district court’s determination that the Unruh Act does not apply to digital-only websites.” The court says her negligence claim is barred by Section 230. 2024 WL 3325389 (9th Cir.

Defendant 78

Defendant Court Lawsuit Law 78

Eric Goldman

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels). The supervising judge agrees. Volitional Conduct.

Defendant 108

Defendant Judge Lawsuit Court 108

Eric Goldman

JUNE 7, 2024

The court dismisses Bloom’s lawsuit against US Weekly. The court says these allegations aren’t enough to satisfy the actual malice standard. If a defamation lawsuit is subject to the actual malice requirement (i.e., A360 Media LLC , 2024 WL 2812905 (S.D.N.Y. June 3, 2024). Defamation.

Failure-to-appear 87

Failure-to-appear Defendant Lawsuit Court 87

Eric Goldman

NOVEMBER 9, 2024

In any case, the court easily rejects this argument. The court also notes that the plaintiffs aren’t suing IXL for COPPA violations (nor could they–there’s no privacy right of action in COPPA). ” The court says that IXL can handle this by requiring schools to impose pass-through terms. Implications.

Court 52

Court Lawsuit State law Litigation 52

Justia Legal Marketing & Technology blog

DECEMBER 28, 2023

Supreme Court Center by adding biographies of each Justice. 50-State Surveys Some areas of law, such as immigration and patents, consist largely of statutes, regulations, and court decisions at the federal level. Supreme Court since its creation in 1789. This sometimes alters the position of the Court as a whole.

Court 88

Court Lawsuit Judge Attorney 88

Eric Goldman

MARCH 5, 2024

This post covers an opinion where the court assumes such vertical integration based on the pleadings (it remains to be seen if that’s actually the case). The court says that Pixels could be “counterfeiting” the Canvasfish online store (?) .” That story is still being written. Trademark Infringement.

Lawsuit 105

Lawsuit Court Intellectual Property Defendant 105

Eric Goldman

OCTOBER 13, 2024

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. My post on a pre-pandemic district court ruling in this case. The appeals court disagrees. ” However, the court must make some razor-fine distinctions between Grande and Twitter.

Court 90

Court Failure-to-appear Defendant Lawsuit 90

Eric Goldman

NOVEMBER 17, 2024

.” The alleged “shared commonalities such as price, payment accounts, grammar, spelling, titles, and descriptions” were not argued in a way the court could understand, and it’s possible the defendants are all copying each other (or some third-party source) without cooperating. Case Citation : Xie v. Dongguan Juyuan v.

Judge 52

Judge Defendant Court Time-tracking 52

Eric Goldman

JANUARY 31, 2024

This lawsuit relates to a property foreclosure contested by the then-property owner, Choudhuri, who sued pro se. ” I cried a little seeing the court use the phrase “internet service provider” instead of the statutory term “provider of interactive computer services.” Specialized Loan Servicing, 2024 U.S.

Lawsuit 70

Lawsuit Court Law Law 70

Eric Goldman

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The district court disagreed. The appeals court says this is a sign-in wrap implementation. Protip: don’t rely on courts to bail you out of unforced errors like this. sought to send the case to arbitration. Warner Bros.

Court 90

Court Lawsuit Law Law 90

Eric Goldman

APRIL 28, 2024

” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but the allegation that they were infringing the same patent. Given that plaintiffs often need the filing fee savings to make SAD Scheme cases cost-effective, I expect this lawsuit to dissolve completely.

Defendant 92

Defendant Judge Lawsuit Court 92