Behind the Bench: Unpacking Judge Epstein’s Inquiries in Lizzo Lawsuit Hearing
Trellis.Law Blog
DECEMBER 1, 2023
On November 22, 2023, the lawsuit against Lizzo by three of her previous backup dancers had its first court hearing.
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Update: Supreme Court Set to Rule on Trump’s Presidential Immunity Claim
Trellis.Law Blog
MARCH 1, 2024
Supreme Court agreed to hear oral arguments and decide former President Trump’s claim of presidential immunity from criminal prosecution for his role in trying to overturn the 2020 election. On Wednesday, the U.S.
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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
Eric Goldman
MAY 13, 2024
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.
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Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)
Eric Goldman
APRIL 28, 2023
by guest blogger Jess Miers, Legal Advocacy Counsel at Chamber of Progress [Eric’s intro: last year I blogged about Minnesota’s flirtation with mandatory age verification. The District Court is scheduled to hear oral arguments in the Bonta case on July 27th.
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Court Greenlights TikTok Content Moderators’ Lawsuit–Young v. ByteDance
Eric Goldman
MAY 24, 2023
” The court says this may have happened here: According to the complaint, TikTok required all content moderators to use its proprietary TCS software. The court also cites the allegation that “TikTok promised its moderators that they could opt out of child pornography by using the queue system, but that system is allegedly faulty.”
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Court Finally Rejects “Discrimination” Lawsuit Against YouTube–Divino v. Google
Eric Goldman
JULY 14, 2023
When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. The latest ruling addresses YouTube’s motion to dismiss the fourth amended complaint, which the court grants with prejudice.
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Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v. Instagram
Eric Goldman
SEPTEMBER 26, 2024
After hearing this allegation at least twice, the Court instructed plaintiffs’ counsel to go present proof of such a bribe and to specifically subpoena the banks that were allegedly involved in laundering the bribe. You can essentially hear Judge Alsup’s teeth gnashing in the opinion. LEXIS 171462 (N.D.
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Jacqueline Schafer on Writing Briefs at the Speed of AI: How ClearBrief is Transforming Legal Drafting
3 Geeks and a Law Blog
OCTOBER 16, 2023
So but I hear we have another Schwartz. Greg Lambert 0:52 Yes, apparently this time in Los Angeles, we in our home, or at least an attorney related to a firm that had to explain why there was a brief submitted to the court that had multiple made up citations in there. Excuse was Sorry, didn’t check it. Like we’re I love the strategy.
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Quick Debrief on the Gonzalez v. Google Oral Arguments
Eric Goldman
FEBRUARY 21, 2023
I’m going to crank this blog post out before I get swamped with press requests. My takeaways: I did not hear 5 votes in favor of the plaintiffs’ position. I remain unclear why the court granted cert in this case. How would lower courts interpret “aiding & abetting” liability if 230 is lifted?
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Trellis’ Nicole Clark on Leveraging State Court Data for Competitive Advantage (TGIR Ep. 214)
3 Geeks and a Law Blog
AUGUST 7, 2023
This tool allows law firms to analyze aggregated and normalized state trial court data to gain competitive intelligence across cases, practice areas, and performance. Collecting this unstructured data from county courts is very challenging, but provides valuable business insights. And I do have to put a warning out for everyone.
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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)
Eric Goldman
JULY 18, 2023
There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. Until recently, the Sixth Circuit was the most prominent court that endorsed this approach. In December 2022, the Supreme Court invited the U.S. A third approach?
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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)
Eric Goldman
MARCH 29, 2023
Step Six: 14 days after the Initial Order and payment of the second fee, the CCB issues a Scheduling Order , which includes a timeline for the respondent’s response, pre-discovery conference, discovery, post-discovery conference, written position statements, a hearing, and determination. b) Alternative Dispute Resolution Process.-A
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Expert Witness Used Generative AI to Prepare His Report. It Didn’t Go Well–In re Weber
Eric Goldman
OCTOBER 15, 2024
The court says it found “his testimony and opinion not credible,” something no expert witness ever wants to see published in a court opinion. The reason I’m blogging this case is that Ranson used Microsoft Copilot to compute the theoretical value of the reinvested proceeds. Why would he do that?
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Litigation, ADR, ODR—The Next Normal?
Ron Friedmann
JUNE 24, 2020
a live blog post of a College of Law Practice Management virtual event. Sohail Mohammed—electrical engineer, New Jersey Superior Court Judge, court innovator and teacher. Jordan sets the context of all the changes in dispute resolution and courts wrought by the global pandemic. Litigation, ADR, ODR—The Next Normal?
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Behind the Bench: Unpacking Judge Epstein’s Inquiries in Lizzo Lawsuit Hearing
Legal Tech Monitor
DECEMBER 1, 2023
On November 22, 2023, the lawsuit against Lizzo by three of her previous backup dancers had its first court hearing. Continue reading → The post Behind the Bench: Unpacking Judge Epstein’s Inquiries in Lizzo Lawsuit Hearing first appeared on Trellis.Law Blog.
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Trellis Adds Colorado State Trial Courts!
Legal Tech Monitor
APRIL 10, 2023
Did you hear? Colorado State Trial Courts are now on Trellis ? This means you can “Google” Colorado state trial court records on Trellis to uncover key intelligence on: judges, opposing counsel, clients, motions, rulings, dockets and other legal issues. Continue reading → The post Trellis Adds Colorado State Trial Courts!
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After WSJ’s Explosive Exposé on Judges’ Financial Conflicts, Free Law Project Posts the Data For All to See
LawSites
OCTOBER 15, 2021
In an explosive exposé last week, The Wall Street Journal reported that 131 federal judges broke the law by hearing cases where they had a financial interest. To uncover those violations, reporters reviewed the financial holdings of some 700 federal judges and compared them against tens of thousands of court cases.
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Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v. Respect the Look
Eric Goldman
SEPTEMBER 10, 2023
The court describes the phenomenon: This case is one of many in the Northern District of Illinois’s “cottage industry” of “Schedule A” cases. Few defendants appear in court, so plaintiffs move for default judgment and collect what funds they can. Note: one minor correction to the court’s description.
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Marketing Tips: When You Don’t Know What to Write
Attorney at Work
JANUARY 25, 2022
Fodder for your blog, email alerts, social media posts, and professional articles is everywhere. Surely you follow the activity of the courts in your jurisdiction so you can properly advise your clients. If your clients hear about news only from others, they may assume you don’t know what’s happening. What should she do?
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I Filed an Amicus Brief Against New York’s Editorial Transparency Law
Eric Goldman
SEPTEMBER 27, 2023
” A New York federal district court preliminarily enjoined the law on constitutional grounds, and the case is now on appeal to the Second Circuit. I’m hoping the Supreme Court will hear the challenges to the transparency pieces of the Florida and Texas social media censorship laws.
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Update: Supreme Court Set to Rule on Trump’s Presidential Immunity Claim
Legal Tech Monitor
MARCH 1, 2024
Supreme Court agreed to hear oral arguments and decide former President Trump’s claim of presidential immunity from criminal prosecution for his role in trying to overturn the 2020 election. The lower court’s rejection of Trump’s immunity. On Wednesday, the U.S.
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The 9th Circuit Keeps Trying to Ruin Cybersecurity–Enigma v. Malwarebytes
Eric Goldman
JUNE 18, 2023
” Enigma challenged Malwarebytes’ classifications in court. ” Malwarebytes appealed the 9th Circuit’s ruling, first to the 9th Circuit en banc, and then to the US Supreme Court. ” Malwarebytes appealed the 9th Circuit’s ruling, first to the 9th Circuit en banc, and then to the US Supreme Court. (I
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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)
Eric Goldman
AUGUST 1, 2023
For those reasons, I strongly suspect this will not be the last we hear of this case. Supreme Court. Although some of the people using the machine may directly infringe copyrights, courts analyze the machine owner’s liability under the rubric of contributory infringement, not direct infringement. July 17, 2023).
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Section 230 Doesn’t Apply to “Editorializing” About Third-Party Content–Marvin v. Lanctot
Eric Goldman
MAY 25, 2024
The ruling I’m blogging today involves Kristin Coauette Johnson , whose relationship with the team is unspecified (she appears to be a hockey mom?). The court distinguishes Barrett v. Unfortunately, the court doesn’t reach this simple conclusion. Coauette made two public postings regarding the October 30 letter.
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The SAD Scheme as an Institutional Failure
Eric Goldman
MARCH 8, 2024
First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts. Without hearing from the defense, the adjudicators are far too likely to find over-infringement and give insufficient credit to the defenses (such as the first sale defense for used/gray market goods). Alibaba N.D.
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Trying Out My Trial Skills In A New Virtual Reality Courtroom
LawSites
MAY 25, 2021
May it please the court,” I begin. I again hear the judge asking me to begin, and this time I hear my tentative voice, “May it please the court …” I realize I must do better next time, must keep my face focused on the judge and jury, must move my hands more smoothly, must stand more confidently. We are here today …”.
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More Thoughts about the SCOTUS Twitter and Google Rulings
Eric Goldman
MAY 23, 2023
Will the courts strike down those regulations? The Twitter decision was mildly surprising, mostly because the court reached its conclusion unanimously. I am concerned that the Supreme Court will misinterpret Section 230 or cast doubts on its scope. If not, the Internet is doomed. What were you expecting?
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What Does a Court Clerk Do?
Clio
APRIL 1, 2024
Also, Court clerks are indispensable members of the judicial system. So, what exactly does it mean to be a court clerk? So, what exactly does it mean to be a court clerk? These are just a few of the questions we’ll explore in this blog. Where do court clerks work? What type of legal settings do they work in?
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Roblox Must Defend Illegal Gambling Claims–Colvin v. Roblox
Eric Goldman
APRIL 1, 2024
The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” The court is unpersuaded. The court doesn’t appreciate this argument: these are children we’re talking about. Prior Blog Posts on Roblox Roblox Sanctioned for SAD Scheme Abuse–Roblox v.
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Plaintiffs Are Eager to Invoke the Texas Social Media Censorship Law, But Will They Have to Do So in California?
Eric Goldman
DECEMBER 8, 2023
Indeed, they are already filing lawsuits despite the pending Supreme Court appeal hanging over the law. Courts regularly uphold these kinds of forum-selection clauses So the TOS forum selection clause is effective, and this case gets sent out of Texas. But surprise! This change in venue would dampen the plaintiffs’ enthusiasm.
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Law Librarians’ Conference Reflected Legal Industry’s Uncertainty about AI and the Future
Above the Law - Technology
AUGUST 9, 2023
As I passed a food court, a woman wearing a conference badge stopped me and asked what I thought of the conference. For example, in advance of last year’s conference, I wrote : “Often, when I hear people rattle off the names of the leading legal technology conferences in the United States, this one is not even on their radar.
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Amazon May Be Liable for Merchant’s Spycam–M.S. v. Amazon
Eric Goldman
DECEMBER 3, 2023
Negligence The court says that MS properly alleged negligence: She alleges Amazon owed her a duty to not promote or distribute products that present a “foreseeable and unreasonable risk of harm to others.” The court cites other duty cases, including Maynard v. ” If those words were deleted, would the court have ruled differently?
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Justia Legal Guides: Administrative Law Resources
Justia Legal Marketing & Technology blog
JUNE 16, 2023
Supreme Court handed down its most famous decision involving the powers of government agencies. Justice John Paul Stevens wrote for the Court in devising a doctrine that has become known as Chevron deference. Justice John Paul Stevens wrote for the Court in devising a doctrine that has become known as Chevron deference.
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Everything You Wanted to Know About the Moody v. NetChoice Supreme Court Opinion
Eric Goldman
JULY 25, 2024
I then follow up with a comprehensive blog post–often a 5k+ word post that can take me 20+ hours to write. In advance of the Moody ruling, the editors of the Cato Supreme Court Review asked me to submit a book chapter based on my inevitable comprehensive post. I emailed this correction to the court, which they have since made. (I
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Why Legal Tech Fans Should Attend AALL in July
LawSites
MAY 26, 2022
Often, when I hear people rattle off the names of the leading legal technology conferences in the United States, this one is not even on their radar. Cantil-Sakauye of the California Supreme Court. That is a huge mistake. The theme of this year’s conference is “Advancing Justice for All.”
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The 10 Legal Tech Trends that Defined 2021
LawSites
DECEMBER 29, 2021
In the realms of legal technology and innovation, the pandemic had yielded silver linings – greater adoption of technology, more flexible workplaces, hybrid courts – that promised a future in which the legal profession and justice system would better serve those who need them. Do courts fully reopen or not?
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Different Types of Objections in Court That Lawyers Should Know
CaseFox
SEPTEMBER 28, 2023
How many times have you heard an attorney or lawyer in a court say, “Objection, Your Honor!” But have you wondered what these are and how many types of objections are in court? Court objections are basically when a trial attorney objects to the opposing counsel’s questions or the testimony of the witness.
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Lawyer Tech Tips: Things That Go Bump in Legal Tech!
Attorney at Work
OCTOBER 29, 2021
If you or members of your team have IoT-connected devices at home like Amazon’s Alexa or a Nest security camera, you need to be wary of what work-related information those devices might see or hear during the day. Remember how much you practiced your first moot court argument or your first “real court” argument?
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N.D. Cal. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v. YouTube Schedule A Defendants
Eric Goldman
JANUARY 21, 2024
In a plot twist, the court denies Viral DRM’s preliminary injunction request and orders Viral DRM to explain its bases for jurisdiction and joinder or else the case will fall apart. Four defendants submitted 512(g) counternotifications and thus agreed to jurisdiction in YouTube’s home court (N.D. Jurisdiction.
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Twitter Narrows, But Doesn’t Completely Avoid, a Dangerous Copyright Lawsuit–Concord Music v. X
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.]
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TGIR Ep. 228 – Cat Moon and Mark Williams Launch the New Vanderbilt AI Law Lab (VAILL)
3 Geeks and a Law Blog
NOVEMBER 14, 2023
VAILL is prioritizing partnerships across sectors – courts, law firms, legal aid organizations, alternative providers, and others – to test ideas and develop prototype AI applications that solve real legal needs. They’re same thing with some courts. If you enjoy the show, share it with colleagues, we’d love to hear from you.
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A Judge Enumerates a SAD Scheme Plaintiff’s Multiple Abuses, But Still Won’t Award Sanctions–Jiangsu Huari Webbing Leather v. Schedule A Defendants
Eric Goldman
JANUARY 4, 2024
The court ruled on Hyponix and NinjaSafe’s requests for damages from the bond, dismissal with prejudice, and attorneys’ fees. The court pays out some of the bond but rejects the other relief. The court noted the deficiencies in the defendants’ alleged infringement. Proximate Damage.
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LegalWeek 2024 Special Part Five – Dan Lear from LegalTrack
3 Geeks and a Law Blog
MARCH 7, 2024
He underscores the challenge and opportunity in educating and transitioning firms to embrace digital practices for docketing and court filings, emphasizing InfoTrack’s mission to expand electronic access to court services for the betterment of legal accessibility and efficiency. You know, at this show? Marlene Gebauer 4:56 Yeah.
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Preparing for the Supreme Court’s Gonzalez v. Google Oral Arguments
Eric Goldman
FEBRUARY 20, 2023
Tomorrow, the Supreme Court will hear oral arguments in the Gonzalez v. It explains why the First Amendment will not adequately backfill any holes that the Supreme Court rips open in Section 230’s immunity. What might the court get wrong in this case? The post Preparing for the Supreme Court’s Gonzalez v.
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