Eric Goldman

FEBRUARY 28, 2024

Last Friday, the parties stipulated to dismiss their lawsuit, with Meta formally waiving its right to appeal the controversial January 23rd decision from Judge Chen. Not that Meta has completely abandoned web-scraping litigation. Bright Data appears to have prevailed in its dispute against Meta.

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Lawsuit Judge Litigation Litigator 95

Eric Goldman

MARCH 10, 2023

Represented by lawyers Maria Cristina Armenta and Credence Elizabeth Sol (who keep expanding their oeuvre of failed lawsuits against Internet services), Daniels claimed YouTube had to comply with 1983 because YouTube became a state actor. My blog post on that ruling. Alphabet appeared first on Technology & Marketing Law Blog.

Lawsuit 111

Lawsuit Court Litigation Litigator 111

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

Stages of a Lawsuit Even if they are working with an attorney, someone considering a lawsuit (or already involved in a lawsuit) may want to know about how the court process unfolds. A lawsuit usually starts with a complaint , which the plaintiff files with the court and serves on the defendant.

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Lawyer Mediator Lawsuit Defendant 264

Eric Goldman

JULY 14, 2023

This long-running lawsuit started in 2019. 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. Google appeared first on Technology & Marketing Law Blog.

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Lawsuit Court Machine learning Defendant 98

Trellis.Law Blog

JULY 31, 2024

Since 1985, the firm has defended corporate clients in high-exposure and technically intricate lawsuits… Continue reading → The post Deep Trellis State Court Capabilities Help Bowman and Brooke Track Trends and Defend Mass Tort Litigation in State Courts first appeared on Trellis.Law Blog.

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Defendant Court Litigator Litigation 100

Eric Goldman

SEPTEMBER 5, 2023

Or was this just a ploy to find any tenable legal theory against YouTube so it could be exploited in future litigation? Lawsuits over content removals never succeed. The post Anti-Vaxxer’s Lawsuit Over Channel Removal Fails–Mercola v. YouTube appeared first on Technology & Marketing Law Blog.

Lawsuit 98

Lawsuit Court Litigation Litigator 98

Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. I would welcome yours.

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Intellectual Property Lawsuit Defendant Judge 105

Eric Goldman

FEBRUARY 7, 2024

This lawsuit seeks to hold Letgo liable for the murders. Indeed, it’s troubling to see plaintiffs litigating over a service’s efforts to “verify” users, because we generally want services to undertake authentication and verification services when they enhance site trustworthiness and safety. Negligence.

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Lawsuit Machine learning Court Defendant 111

Trellis.Law Blog

MARCH 7, 2024

Approximately 41,000 civil lawsuits are filed daily in the U.S., This represents a goldmine of information about the litigation process. Read Our Article… Continue reading → The post ⚡Primer on Using State Court Trial Data for Business and Competitive Intelligence first appeared on Trellis.Law Blog.

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Court Lawsuit Litigator Litigation 130

Eric Goldman

MAY 22, 2023

The court dismisses the lawsuit on summary judgment. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Groupon * 1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. The court focuses on the likelihood of consumer confusion. LoanStreet v.

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Lawsuit Defendant Court Lawyer 111

Eric Goldman

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. The litigants directly compete. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

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Lawsuit Court Defendant Litigation 98

Eric Goldman

AUGUST 20, 2023

We used to see lawsuits like this 15+ years ago, but we don’t see them any more because they are so obviously doomed by Section 230. Either way, looping Facebo0k into this litigation was a terrible decision. The post Facebook Easily Defeats Lawsuit Over User Posts–Hicks v. Whoa, what a flashback. LifelongLearning.

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Lawsuit Court Judge Litigation 98

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

They can bring a civil lawsuit against whoever was responsible for the improper practice, seeking the damages that they sustained as a result. In some cases, a consumer might resort to alternative dispute resolution , rather than litigation. Either arbitration or mediation may be faster and less expensive than litigation.

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Mediator Dispute resolution Law Law 244

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. If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. “X Corp.

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Defendant Court Litigator Litigation 105

Justia Legal Marketing & Technology blog

FEBRUARY 12, 2025

Corporations are legally independent entities, so a creditor or a person filing a lawsuit against a corporation usually cant reach your personal assets, although there are some exceptions. Arbitration is more formal than mediation but less cumbersome than litigation. What Are the Pros and Cons of Starting a Corporation?

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Mediator Workers Compensation Due diligence Court 144

3 Geeks and a Law Blog

SEPTEMBER 25, 2023

The company provides AI-powered tools to help litigators automate repetitive tasks and work more efficiently. Suh provides background on founding LegalMation about seven years ago to help streamline the “scut work” litigation associates spend time on. Let’s jump into this week’s episode with a couple of great guests from LegalMation.

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Litigator Litigation Time-tracking Law firm 147

Hanzo Blog

FEBRUARY 8, 2023

Last year , the FTC announced they were going to “crackdown on harmful commercial surveillance and lax data security,” and have been pursuing a number of lawsuits as a result. Many of these are bold in their approach, which may catch many corporate legal teams off guard.

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Litigator Litigation Lawsuit 98

Eric Goldman

APRIL 3, 2023

Still, a few Justices seemed to like the fact that Rogers is an objective analysis with a reasonable person standard that allows courts to dismiss weak trademark claims early in a lawsuit. The expense of litigation may chill speech. Bad Spaniels (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Defendant Judge Court Litigation 116

Eric Goldman

JUNE 14, 2024

[Warning: this is a 5,600 word blog post]. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. Despite the importance of those Fall 2023 rulings, I never blogged either. My coverage of the federal court non-dismissal will forevermore remain in blog purgatory.

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Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

JUNE 8, 2024

” That prompted this litigation. Adler v McNeil * Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri * Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. ” The right answer should be “no one.” ” Uh oh.

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Lawsuit Defendant Court Litigation 129

Eric Goldman

FEBRUARY 16, 2025

The opinions came out faster than I could blog them. I’m not going to comprehensively blog each of the opinions, but I’ll round up some highlights here to get these out of my queue. A reminder: this lawsuit is a battle royale. Each side has phalanxes of lawyers, and no point is too picayune to spar over.

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Defendant Court Litigation Litigator 59

Eric Goldman

JULY 18, 2023

On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Many of those contractual anti-scraping lawsuits were successful.

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Court Litigation Litigator Case law 98

Eric Goldman

DECEMBER 10, 2023

.” For reasons unclear to me, the plaintiff thought it would be a good idea to sue Amazon over its competitors’ alleged misdeeds, going so far to breathlessly issue a press release that it had “filed a $500 million lawsuit against tech giant Amazon.” As my blog coverage makes clear, I am not a fan of those opinions).

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Lawsuit Defendant Failure-to-appear Court 95

Eric Goldman

MAY 15, 2024

The entire purpose of the discovery rule is to allow a plaintiff to recover damages that occurred more than three years before the date the lawsuit was filed. 507(b), precludes retrospective relief for acts that occurred more than three years before the filing of a lawsuit.” Two years later, in Starz Entertainment v. 4th 1236 (9th Cir.

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Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. has filed multiple lawsuits against web scrapers, including against Bright Data , which is perhaps the biggest web-scraping company in the world. Now, the primary vehicle to stop web scraping is with breach of contract claims.

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Intellectual Property Court Litigation Litigator 98

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. This blog post recaps what’s happened to the Gonzalez case since then. Twitter * “Material Support for Terrorism” Lawsuit Fails a Third Time–Colon v.

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Lawsuit e-filing Court Judge 98

CaseFox

NOVEMBER 27, 2023

Exposure lawsuits, a legal avenue that addresses harm resulting from exposure to hazardous substances or conditions, have witnessed a dynamic evolution over the years. In this blog post, we will take you on an interesting journey embarking on the trends, challenges, and future possibilities related to exposure lawsuits.

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Lawsuit Defendant Litigator Litigation 52

Eric Goldman

JUNE 23, 2023

Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. His lawsuit against Facebook was dashed by Section 230 in the district court. The Netflix documentary of his story will be called “Moby Fyk.” Freedom Def.

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Lawsuit Defendant Court Litigation 110

Eric Goldman

FEBRUARY 14, 2024

Though the court doesn’t discuss any of the precedent cases, the court is addressing the well-litigated question of whether online marketplaces are legally responsible as the “seller” of marketplace items. GMB is not the party renting the vessel; rather, it is Chaves who rents the vessel. LEXIS 23688 (S.D.

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Lawsuit Court Legal research Litigation 98

Eric Goldman

SEPTEMBER 18, 2024

For example, I remain irritated about the BIPA lawsuits to try to prevent Internet services from using anti-CSAM blocklists and face scans for age authentication purposes. Selected BIPA Blog Posts AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Case Citation : Hartman v. Meta Platforms, Inc., Martell v.

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Lawsuit Law Law Court 97

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. This creates a lot of costly and distracting litigation, even if the courts ultimately reject the claims–another collateral cost of the regulatory intervention.

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Defendant Lawsuit Court Litigation 107

Eric Goldman

MARCH 3, 2025

The plaintiff brought a putative class action lawsuit against Capital One based on Washington’s anti-spam law and related claims. Section 230 wasn’t a main issue in most of those litigation battles, and it doesn’t work here. Capital One appeared first on Technology & Marketing Law Blog. ” Groan.

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Justia Legal Marketing & Technology blog

SEPTEMBER 25, 2023

Leon filed a type of lawsuit called a will contest , based on a theory of “ undue influence.” This also could have averted the ugly feuds and costly litigation in which his family became embroiled. For example, he might have wanted to leave some of his estate to his younger brother, Leon.

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Estate planning Attorney Lawsuit Court 279

Legal Tech Blog

JANUARY 11, 2023

Pre/Dicta , claiming itself the only litigation analytics platform that makes predictions about the outcome of federal lawsuits, announced the acquisition of Gavelytics, a pioneering judicial analytics platform for state court cases. This deal is a major milestone for Pre/Dicta and the entire field of predictive litigation analytics.

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Analytics Litigator Litigation Lawsuit 52

Eric Goldman

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. However, if it’s anywhere close to true, this will be another impressive entry into the annals of financially unjustified and irrational lawsuits over competitive keyword ads. LoanStreet v. Greenberg v. Of Course Not…But…–America CAN!

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Law firm Lawsuit Law Law 105

Eric Goldman

FEBRUARY 26, 2025

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. Thus far, the entire lawsuit failed on prima facie grounds, before the court reached Section 230.

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Court Defendant Failure-to-appear Lawsuit 59

Eric Goldman

OCTOBER 6, 2024

Are the parties seriously going to litigate this to a trial? Remember: the only winnners of keyword ads lawsuits are the lawyers. Adler v McNeil * Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

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Lawsuit Court Failure-to-appear Defendant 98