Eric Goldman

OCTOBER 7, 2023

The court dismisses the lawsuit on several grounds, including res judicata. With respect to the social media services’ status as publishers, the court says: the plaintiff’s RICO claims depend on Twitter and Facebook’s acting as publishers. The post Laura Loomer Loses Litigation (Again)–Loomer v. The complaint.

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Litigator Litigation Lawsuit Court 126

Eric Goldman

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. The court dismissed the market division argument on the grounds that it was time barred.

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Defendant Court Failure-to-appear Litigation 126

Eric Goldman

MAY 15, 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.” Nealy , No.

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Court e-discovery Defendant e-filing 105

Eric Goldman

FEBRUARY 17, 2024

The court says this implementation isn’t a sign-in-wrap because the CMG terms lacked a call-to-action: “the login through Facebook screen never informed Plaintiff that acceptance of a separate agreement was required before she could access the service, which is the defining feature of a sign-in wrap agreement.”

Court 115

Court Failure-to-appear Judge Litigation 115

Eric Goldman

AUGUST 2, 2024

Ryanair recently “prevailed” in its CFAA claim in its litigation against Booking.com. Not only that, but this case makes it more likely that other plaintiffs and defendants will suffer lengthy, protracted litigation to reach similarly absurd conclusions. As in, if the jury concluded Ryanair had suffered $4,999.99 Booking Holdings Inc.

Judge 98

Judge e-filing Court Defendant 98

Eric Goldman

OCTOBER 5, 2023

The court says that the merchant made a descriptive “fair use” of the “emoji” term, but the court didn’t actually say that “emoji” qualifies as a descriptive trademark, instead of an arbitrary mark, for stickers. ” Trademark law does not restrict that usage. ” That’s true.

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Court Defendant Judge Lawsuit 133

Eric Goldman

JUNE 5, 2024

On May 23rd, in another case also out of the Northern District of California, the court denied a motion to dismiss Meta’s breach of contract and CFAA claims against Voyager Labs Ltd., Here, the court muddles the various contract formation standards. Here, the court muddles the various contract formation standards.

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Defendant Court Judge Litigation 97

Trellis.Law Blog

NOVEMBER 11, 2024

As seen in the latest CIO Applications for the Legal Vertical publication: “Legal research has traditionally focused on appellate courts, leaving trial courts—where much litigation unfolds—fragmented and hard to access.

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Legal research Analytics Litigation Litigator 130

Eric Goldman

NOVEMBER 16, 2024

The defendant conceded summary judgment on liability, and the court held a trial on damages. This post covers the court’s ruling following the damages trial. Setting the Damages Range The court rejects KMC’s innocent infringement defense. Not willful. Defendant’s financial benefit. ” Deterrence.

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Court Defendant Failure-to-appear Litigation 102

Above the Law - Technology

APRIL 11, 2024

When the litigation analytics company Gavelytics shut down in 2022, it was a shock to almost everybody but the founder. The company had been seen as one of the leaders in the fast-growing field of litigation analytics, and since its founding in California in 2017, it had significantly expanded the scope of its product and raised $5.7

Legal tech 265

Legal tech Legal tech Lawsuit Analytics 265

Eric Goldman

APRIL 3, 2023

VIP Products LLC ] A trademark dispute at the Supreme Court involving a dog chew toy and a famous brand of whisky may have serious implications for trademark and free speech rights. During oral arguments at the Supreme Court on March 22, 2023 in Jack Daniel’s Properties, Inc.

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Defendant Judge Court Litigation 116

3 Geeks and a Law Blog

OCTOBER 16, 2023

As a former litigator, Schafer experienced firsthand the frustrating scramble to finalize briefs and prepare filings. Looking ahead, Schafer expects to expand ClearBrief’s features to assist paralegals along with corporate attorneys beyond litigation. Excuse was Sorry, didn’t check it. So Jackie, welcome to The Geek in Review.

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Litigation Litigator Paralegal Hearing 275

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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Court Analytics Law firm Judge 130

Trellis.Law Blog

JUNE 28, 2024

During the interview, Trellis shared how it allows Litigation Funders to conduct due diligence, identify opportunities and set alerting across the United States state trial court… Continue reading → The post Legal Funding Journal Interviews Trellis on Show first appeared on Trellis.Law Blog.

Due diligence 130

Due diligence Litigation Litigator Court 130

Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof. 569 (1994).

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Court Failure-to-appear e-discovery e-records 98

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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Lawsuit Court Machine learning Defendant 98

MatterSuite

APRIL 4, 2023

As a litigation lawyer, you have the power to influence the outcome of a case and help your clients achieve justice. However, becoming a successful litigator requires more than just legal expertise. In this blog post, we’ll explore the key steps you can take to become a successful litigation lawyer.

Litigation 98

Litigation Litigator Analytics Law 98

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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Data protection Court Hearing Judge 133

Eric Goldman

MARCH 29, 2023

Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. Eric asked me: how would this have been different if the claimant had pursued the traditional route of suing in federal court? The CCB filing cost is about $300 less than federal court. Here’s the odd part.

e-filing 105

e-filing Court Failure-to-appear Dispute resolution 105

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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Court Litigation Litigator Case law 98

Trellis.Law Blog

AUGUST 15, 2023

Our CEO Nicole Clark shares her background as a business litigator and labor & employment attorney, who after dealing with the challenging task of accessing state court data, created Trellis Law. Maximum Lawyer Podcast: Streamline Your Legal Research with Nicole Clark first appeared on Trellis.Law Blog.

Legal research 130

Legal research Lawyer Litigation Litigator 130

Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. hiQ Labs lost that case, and at summary judgment the district court held that “LinkedIn’s User Agreement unambiguously prohibits scraping and the unauthorized use of scraped data.” LinkedIn Corp.

Intellectual Property 98

Intellectual Property Court Litigator Litigation 98

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.

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Court Failure-to-appear Lawsuit Judge 105

Eric Goldman

APRIL 21, 2024

I never blogged the dual state and federal rulings in the Social Media Addiction cases from last Fall. I wrote up a 4,000 word draft about the state court ruling, but the federal ruling came out before I finished it. However, life intervened, and my massive blog post got stuck in draft mode. It doesn’t work.

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Litigation Litigator Court Defendant 105

Eric Goldman

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. The Delaware court stayed proceedings pending the California action. First, the court found that there was no evidence of logged-in scraping in the record. According to the court: The U.S. Meta sued in California.

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Judge Court Defendant Litigator 98

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. For a fuller description of the litigation genre and its problems, see my paper.

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Court Defendant Judge Litigation 98

Eric Goldman

JUNE 14, 2024

[Warning: this is a 5,600 word blog post]. 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. Despite the importance of those Fall 2023 rulings, I never blogged either.

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Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

OCTOBER 25, 2023

The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. The court never addresses who owned the photograph’s copyright, but they might have had a better claim than the tattoo artist). ” Market Effect. Case Citation : Cramer v. Netflix, Inc.

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Defendant Court Litigation Litigator 98

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. Instagram appeared first on Technology & Marketing Law Blog. LEXIS 171462 (N.D.

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Court Judge Defendant Hearing 111

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. In the last year, a team of California litigators (from Singleton Schreiber in Sacramento and Law Offices of Thomas Leary from San Diego) has launched 1670.8 of their cases in state court.

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Court Defendant Litigation Law 75

Legal Tech Monitor

JULY 31, 2023

Continue reading → The post Shady Business: Tree Litigation in a State Trial Court first appeared on Trellis.Law Blog. In the past week, 160,000 actors and media personalities from SAG-AFTRA joined the 11,000 members of the Writers Guild of America (WGA) who have been on the picket line since May.

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Litigation Litigator Court 52

Eric Goldman

DECEMBER 13, 2023

But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. At the circuit court level, the law of copyright preemption of contracts is a circuit split-plus, with at least two and as many as four differentiating positions on what might constitute preemption. 2d 426, 433 (8th Cir.1993)

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Judge Court Defendant State law 98

Eric Goldman

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. But courts don’t always use facts like that for petard-hoisting, instead grounding their rulings in legal doctrines and admissible evidence. And after a remarkable 6 tries, the Newman race-based lawsuit has now failed too ( prior blog post ).

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Court Machine learning Lawsuit Law firm 98

Eric Goldman

JULY 26, 2023

The court says that using scraped data after receiving a cease-and-desist notice is not a violation of the CFAA, even if the data was collected from beneath a log-in from a site that prohibits scraping. That’s a reasonable inference from Van Buren , but no court has explicitly said as much before. The terms prohibited scraping.

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Defendant Intellectual Property Court Judge 98

Eric Goldman

AUGUST 30, 2023

The court denies a preliminary injunction. Though the court says it’s a close question, the court says that the plaintiff does not have a likelihood of success on the merits. To analyze this, the court applies the standard likelihood of consumer confusion factors. The litigants directly compete. Not relevant.

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Lawsuit Court Defendant Litigation 98

Trellis.Law Blog

SEPTEMBER 17, 2024

17, 2024 /PRNewswire/ — Trellis, an AI-powered legal research and insights platform with industry-leading coverage of state trial court data, announces near real-time access to new civil litigation in all Florida counties. LOS ANGELES, Sept.

Legal research 100

Legal research Litigation Litigator Court 100

Eric Goldman

JANUARY 12, 2025

” The plaintiffs brought a pre-enforcement challenge to the law, but the court denies a preliminary injunction. The court explains: Deepfakes are image, audio, or video files that mimic real or nonexistent people saying and doing things that never happened. The court does realize the overlap here, right? ” Hmm.

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Court Law Law Litigation 64