Eric Goldman

JULY 13, 2023

State Law Claims. July 11, 2023) The post Reddit Defeats Lawsuit Over Removal of r/WallStreetBets Moderator’s Privileges–Rogozinski v. Reddit appeared first on Technology & Marketing Law Blog. Undisputed. Publisher/Speaker Claim. Case citation : Rogozinski v. Reddit, Inc. 2023 WL 4475581 (N.D.

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Lawsuit Court State law Law 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. The federal government has not yet enacted a comprehensive data privacy law, although various federal laws protect certain types of people or information.

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Mediator Dispute resolution Law Law 244

Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

While federal law governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.

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Lawsuit Defendant Prosecutor Court 264

Debevoise Data Blog

JANUARY 13, 2025

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. 6] Despite these challenges, plaintiffs are not slowing down, and new lawsuits were filed at a steady clip over the course of 2024.

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Litigator Litigation Intellectual Property Defendant 52

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. 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. ML Genius v.

Court 98

Court Litigator Litigation Case law 98

Eric Goldman

AUGUST 24, 2023

has filed multiple lawsuits against web scrapers, including against Bright Data , which is perhaps the biggest web-scraping company in the world. Ten years ago, in web-scraping cases, you’d typically see plaintiffs in scraping cases file 10-15 legal claims, with law firms exploring any legal theory that might stick.

Intellectual Property 98

Intellectual Property Court Litigation Litigator 98

Eric Goldman

DECEMBER 13, 2023

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. Taco Bell Corp. , 3d 446 (6th Cir.

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Judge Court Defendant State law 98

Eric Goldman

MARCH 4, 2023

I’ve blogged many Ripoff Report cases over the years, but it’s been a while since my last one (looks like 2018 ?). He brought a state court class action lawsuit against Ripoff Report, alleging violations of CA B&P 17200 and the implied covenant of good faith. Ripoff Report removed the case to federal court.

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State law Court Defendant Lawsuit 97

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 Litigator Litigation 59

Justia Legal Marketing & Technology blog

JANUARY 30, 2024

The Work-Related Requirement To get workers’ compensation benefits, a worker must be an employee rather than an independent contractor, and they must not work in a profession that is exempt under state law. Certain agricultural and domestic workers may be exempt, for example.) Working with a lawyer can help overcome these obstacles.

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Workers Compensation Law Law Time-tracking 244

Eric Goldman

JULY 1, 2024

Unfortunately, the Supreme Court’s delay in definitively resolving this case will leave a vacuum for reviewing many other pending and imminent constitutional challenges to state laws. NetChoice appeared first on Technology & Marketing Law Blog. I will have a more complete analysis of the cases soon.

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Court Defendant Lawsuit State law 115

Eric Goldman

NOVEMBER 2, 2023

Because the removal of content is a traditional editorial function, Section 230(c)(1) bars plaintiff’s lawsuit.” The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Nextdoor appeared first on Technology & Marketing Law Blog.

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Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

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Court Failure-to-appear Lawsuit State law 105

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. The plaintiffs’ allegations were sizzling.

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Court Judge Defendant Hearing 111

Eric Goldman

AUGUST 16, 2023

So does the rest of the employee’s lawsuit. “Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” ” 512(f) once again wipes out state law claims, even if 512(f) doesn’t apply. The 512(f) claim fails.

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State law Court Litigator Litigation 75

Eric Goldman

NOVEMBER 30, 2023

It may or may not be related to this lawsuit, but Google recently sued “bad actors who set up dozens of Google accounts and used them to submit thousands of bogus copyright claims against their competitors. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

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Defendant Court State law Lawsuit 75

Eric Goldman

JANUARY 12, 2024

My angst-filled blog post on that ruling. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law.

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Court Software Litigation Litigator 98

Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). 29, 2024) The post Think You Understand Online Trespass to Chattels Law?

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Time-tracking Judge Law Law 119

Brett Trout

MAY 24, 2024

Whereas your freedom of speech is protected by the Constitution, your right of publicity is protected by a mix of different state laws. Depending on which state you bring your right of publicity lawsuit, you may have a lot or only a little protection.

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Defendant Lawsuit Court State law 52

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. Understanding the key differences between these two types of lawsuits could be extremely helpful if you ever find yourself in a difficult circumstance.

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Litigator Litigation Dispute resolution Criminal trial 52

Eric Goldman

DECEMBER 16, 2024

WebGroup Czech Republic * Instagram Defeats Lawsuit Claiming It Was a Breeding Ground for Sex TraffickersDoe v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves ForwardML v. Salesforce * Latest Linkwrap on FOSTAs Aftermath * Section 230 Doesnt End Lawsuit Claiming Facebook Facilitated Sex TraffickingDoe v.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

JUNE 9, 2024

Section 230 preempts her lawsuit against Facebook: “Ninth Circuit precedent interpreting Section 230 of the Communications Decency Act, 47 U.S.C. § Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v.

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Lawsuit Criminal trial Court Failure-to-appear 88

Eric Goldman

DECEMBER 15, 2023

Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves Forward–ML v. Omegle * Section 230 Helps Craigslist Defeat Sex Trafficking Case–LH v.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

JUNE 7, 2023

Internet Brands rejected that proposal: lawsuits brought against interactive computer service providers based solely on failure to adequately monitor and regulate end-users’ harmful messages fall squarely within protections of Section 230 Implications If this ruling stands on appeal, it will be a major win for defendants.

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Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

MAY 5, 2023

Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves Forward–ML v. Omegle * Section 230 Helps Craigslist Defeat Sex Trafficking Case–LH v.

Lawsuit 111

Lawsuit Defendant Court e-filing 111

Eric Goldman

JULY 26, 2024

July 24, 2024) More SESTA/FOSTA-Related Posts * Instagram Defeats Lawsuit Claiming It Was a “Breeding Ground” for Sex Traffickers–Doe v. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v.

Defendant 98

Defendant Lawsuit Court Hearing 98

Eric Goldman

JULY 23, 2023

Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves Forward–ML v. Omegle * Section 230 Helps Craigslist Defeat Sex Trafficking Case–LH v.

Lawsuit 97

Lawsuit Court Defendant Hearing 97

Eric Goldman

MAY 2, 2024

I never blogged that opinion for two reasons. Second, the opinion was so clearly wrong and garbled that I expected the Seventh Circuit would take the case en banc and issue a more coherent and less terrible opinion that I would then blog. I can’t bring myself to go back and blog that opinion now. Doe (S.M.A.)

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Lawsuit Defendant Court Judge 96

Debevoise Data Blog

JANUARY 24, 2023

Legal action for trademark infringement also remains an option for the trademark holders, but identifying the creator of the content and filing a federal lawsuit is considerably more expensive and time-consuming. Instead, states prohibit deepfakes in specific, harmful contexts.

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Court e-filing Lawsuit State law 52

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. .” Google defeats lawsuit from a public school student using Google edtech that he claims was hacked and used to send inappropriate material. * ” * M.K. Google LLC, 2023 WL 2671381 (N.D. March 27, 2023). Peopleconnect, Inc.,

Defendant 98

Defendant Failure-to-appear Court Lawsuit 98

Berkley Technology Law Journal

DECEMBER 24, 2022

We spotted that SB 34 actually prohibits this kind of sharing and we brought a lawsuit last year against the Marin County Sheriff alleging that they violated this law because they were sharing with hundreds of out of state agencies, they were sharing the locations of drivers that they were collecting throughout Marin County.

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Attorney Law Law Time-tracking 100

Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Salesforce * Omegle Defeats Lawsuit Over Users CappingMH v. Case Citation : Doe v.

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Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

DECEMBER 29, 2023

Even though the legal system punished the wrongdoers, the lawsuits continue. 28, 2023) Prior Blog Posts About Grindr Section 230 Once Again Applies to Claims Over Offline Sexual Abuse–Doe v. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. ” Three of the men are in jail; one is on the lam.

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Lawsuit Court Defendant Failure-to-appear 98

Justia Legal Marketing & Technology blog

JANUARY 20, 2023

Some of them contain 50-state surveys that track variations in state laws on a key issue. Family Law Matters involving domestic relations tend to have high stakes, financially and emotionally. Like other medical malpractice cases, birth injury lawsuits usually require expert testimony and affidavits of merit.

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Intellectual Property Workers Compensation Bankruptcy Estate planning 130

Eric Goldman

NOVEMBER 27, 2024

violations; but I also think it’s clear this lawsuit is going to fail eventually. 25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon appeared first on Technology & Marketing Law Blog. ” (As I mentioned, this is an obvious misreading of the provision). Amazon.com, Inc.

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Defendant Law Law Court 77

Eric Goldman

NOVEMBER 9, 2024

The plaintiffs claim that IXL “collected and monetized the data of millions of school-age children who used the IXL platform without parental consent,” in violation of the ECPA and state law. The FTC reinforced this non-prohibition in a 2020 blog post). IXL appeared first on Technology & Marketing Law Blog.

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Court Lawsuit State law Litigator 52

Eric Goldman

SEPTEMBER 27, 2024

Section 230 cases are coming faster than I can blog them. This long blog post rounds up five defense losses, riddled with bad judicial errors. 9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. ” State v. District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C.

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Court Lawsuit Judge Defendant 105