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. Elon Musk “secretly” fathered twins with his subordinate Shivon Zilis. When the news came to light, it triggered a “tabloid feeding frenzy.” Defamation.

Failure-to-appear 98

Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

OCTOBER 17, 2023

The Court Opinion Greer was a target of one of Kiwi Farms’ attacks. “Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. CloudFlare’s block ).

Defendant 115

Defendant Failure-to-appear Court Law 115

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts.

Defendant 111

Defendant Judge Failure-to-appear Court 111

Eric Goldman

SEPTEMBER 28, 2024

The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. It matches contractors with homeowners.

Lawsuit 105

Lawsuit Failure-to-appear Defendant Court 105

Eric Goldman

FEBRUARY 21, 2024

Snapchat successfully defends on Section 230 grounds. ” [A reminder that court-ordered identity and age verification requirements likely violate the First Amendment; the other claims may do so as well.] Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status.

Defendant 95

Defendant Failure-to-appear Court Judge 95

Eric Goldman

AUGUST 13, 2024

Substack defended on Section 230 grounds. To get around this, Smith argued that blackmail is a crime, but the court cited Coffee v. Finally, Smith claimed that Substack’s “sheer failure to respond to [his] multiple reports, queries, and complaints was negligence.” ” In July 2023, it made a post entitled “ Oliver D.

Failure-to-appear 105

Failure-to-appear Defendant Court Law 105

Eric Goldman

FEBRUARY 22, 2024

With the CAS’s demise, both sides essentially bet that the courts would side with them. The appeals court rejected the vicarious claims but upheld the contributory claims. Vicarious Infringement The appeals court says that Cox lacked the requisite “direct financial interest” in subscribers’ infringements.

Defendant 119

Defendant Court Failure-to-appear Lawsuit 119

Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. Cites to McCarthy v. Amazon , Ratermann v.

Lawsuit 95

Lawsuit Defendant Failure-to-appear Court 95

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. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. hiQ Labs I, 938 F.3d

Defendant 126

Defendant Court Failure-to-appear Litigator 126

Eric Goldman

OCTOBER 28, 2024

The court’s reaction is predictable if chilling. Rather than turning the analysis on formation issues, the court strikes down Ticketmaster’s efforts as unconscionable–and the weak formation practices exacerbate the unconscionability problem. to be unenforceable, as individuals do not have inquiry notice.”

Failure-to-appear 95

Failure-to-appear Court Defendant Law 95

Eric Goldman

JUNE 17, 2023

On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. The court also held that plaintiffs were permitted to proceed pseudonymously. GitHub, Inc.

Defendant 132

Defendant Lawsuit Machine learning Court 132

Eric Goldman

NOVEMBER 2, 2023

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . ” The court cites Force v.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. ” The TOS provides additional details about what YouTube considers impermissible animal abuse.

Failure-to-appear 98

Failure-to-appear Defendant Court Law 98

Eric Goldman

OCTOBER 6, 2024

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.” ” The court adds: The Google search results are simply Walmart webpages that contain search results themselves. .”

Lawsuit 98

Lawsuit Court Failure-to-appear Defendant 98

Eric Goldman

MARCH 9, 2024

[This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. The first question the court must resolve is whether ringless voicemails qualify as “telephone calls” for purposes of the Telemarketing Sales Rule, which prohibits deceptive or abusive telemarketing practices.

Court 105

Court Failure-to-appear Defendant Software 105

Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based.

Court 98

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

Eric Goldman

APRIL 29, 2023

A: because they spend so much time in court proceedings). Protip: if you want to win in court, don’t self-describe as an “appropriation artist”). The court treats Ripps’ collection as competing against and putting downward price pressure on the original NFTs. Q: why are the apes so bored?

Court 105

Court Failure-to-appear Lawsuit State law 105

Eric Goldman

AUGUST 11, 2023

The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. The court says it’s immaterial that there is a potentially long time delay between user registration and the purchases.

e-records 98

e-records Court Law Law 98

Debevoise Data Blog

NOVEMBER 12, 2024

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigator 52

Eric Goldman

MARCH 29, 2023

Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Let’s take a look.

e-filing 105

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

Clio

MAY 31, 2024

While telephone appearances have been common for many years, the COVID-19 pandemic ushered in a new era for court proceedings with remote participants. Now, many courtrooms allow video conferencing and other mechanisms to enable virtual appearances by attorneys. What technology is needed to make virtual court proceedings work?

Hearing 69

Hearing Failure-to-appear Court Judge 69

Attorney at Work

JUNE 23, 2022

My first knowledge that a complaint had been filed came by certified letter in 2012 — six years later — from the Iowa Supreme Court Client Security Board, which is charged with policing the professional interactions of Iowa’s 7,500 attorneys. Unfortunately, that’s something I know from personal experience. The State Bar Complaint Arrives.

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Failure-to-appear Attorney Defendant Lawyer 96

Lawmatics

SEPTEMBER 13, 2023

The Consequences of Frivolous Lawsuits Waste of Time and Resources Frivolous lawsuits clog up the court system and increase the backlog of cases that are waiting to be resolved. Not to mention, it’s costly to defend yourself against a frivolous claim. Not to mention, it’s costly to defend yourself against a frivolous claim.

Lawsuit 52

Lawsuit Defendant Judge Court 52

Debevoise Data Blog

JUNE 22, 2021

In this Debevoise Data Blog post, we offer practical tips for reducing CCPA risk based on a review of the cases filed to date and the treatment of those cases in the courts. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information. In Rahman v. Marriott Int’l, Inc., Marriott Int’l, Inc.,

Litigator 52

Litigator Litigation Defendant Failure-to-appear 52

Legal Tech Monitor

JULY 27, 2023

Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Lawyers have an ethical duty under Illinois Rule of Professional Conduct (ILRPC) 1.6 Id., ¶ 119.

Lawyer 52

Lawyer Defendant Failure-to-appear Court 52

CaseFox

JUNE 29, 2023

Legal motions allow parties to assert their rights, and seek relief from the court regarding certain cases. They can also present arguments in front of the court with the help of legal motions. They can also present arguments in front of the court with the help of legal motions. This motion asks the court to dismiss the case.

Client Intake 52

Client Intake Court Failure-to-appear Defendant 52

AXDRAFT

FEBRUARY 9, 2023

Failure to fully understand legal processes and the value they bring to your organization may lead to incidentally blocking revenue growth or putting your organization at risk. Courtroom litigation If a lawsuit is initiated against your company, it’s up to legal to prepare all materials to defend the company and minimize damage.

Failure-to-appear 52

Failure-to-appear Compliance Lawyer Legal tech 52

Eric Goldman

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Next stop: the 9th Circuit. ICS Provider. Uncontested. Publisher/Speaker Claims.

Failure-to-appear 118

Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

DECEMBER 26, 2023

28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. There is evidence Defendants’ conduct exceeded standard publication decisions. ” * Doe v.

Defendant 98

Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

MARCH 12, 2024

The court says no. If users select “continue with email,” as the court assumes the named plaintiff Campos did, they see this (quite ugly) Screen 2: What is that background? Turning to the merits, the court concludes that “Tubi has not established that it reasonably communicated the existence of its TOU to Campos.”

Court 97

Court Failure-to-appear Defendant Law 97

Eric Goldman

JUNE 9, 2024

The court responds: “Doe’s breeding ground theory essentially seeks to hold Meta liable for failing to remove traffickers’ grooming messages and posts advertising their victims for sex.” Finally: in passing, the court says “Her trafficker was convicted in a criminal trial and sentenced to 40 years in prison.”

Lawsuit 88

Lawsuit Criminal trial Court Defendant 88

Eric Goldman

JULY 16, 2023

My blog post on the district court rulings. Wrapping up this discussion, the court says: we need to decide whether § 230(c)(1) precludes the plaintiffs’ claims only if they have stated a cause of action against Armslist LLC. Armslist publishes users’ classified ads for guns. In this case, the answer is no.

Lawsuit 98

Lawsuit Court Failure-to-appear Judge 98

Eric Goldman

OCTOBER 27, 2023

Grindr successfully defends on Section 230 grounds. The plaintiffs claimed this case is about “a failure to implement basic safety measures to protect minors.” ” The court calls that positioning “disingenuous.” In a footnote, the court notes several similar 230 dismissals: Doe v. Kik , MH v.

Defendant 98

Defendant Failure-to-appear Court Law 98

Eric Goldman

OCTOBER 27, 2024

“several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” The Terms only state that Defendant may take certain actions in response to harmful conduct or violating content.” Google , Ebeid v.

Lawsuit 102

Lawsuit Failure-to-appear Defendant Court 102

Eric Goldman

DECEMBER 29, 2023

The court holds that Section 230 applies to the claims. ” The court responds that “Grindr’s match function relies on and publishes a user’s profile and geolocation data, which is third-party content generated by the user.” The court rejects Doe’s attempted Lemmon v. ICS Provider. Publisher/Speaker Claims.

Lawsuit 98

Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

OCTOBER 13, 2024

My post on a pre-pandemic district court ruling in this case. The appeals court disagrees. The court says Grokster didn’t shrink contributory doctrines; instead, “Grokster expanded the doctrine of contributory infringement” to include the new inducement doctrine. NOCIs to Grande between 2011 and 2017.

Court 98

Court Failure-to-appear Defendant Lawsuit 98

Eric Goldman

SEPTEMBER 27, 2024

Having manufactured the requirement of that the claim must be based on “particular” content to trigger Section 230, the court says none of the claims do that. ” I’d love for the court to explain how blocking users from contacting each other on apps differs from “content moderation.”

Court 105

Court Lawsuit Judge Defendant 105