Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

The Arizona Supreme Court held in January 1976 that the trial court had the power to assert the privilege in the absence of the person who made the confession. Financial provisions in the agreement also may describe the payment of court costs or any other expenses beyond the attorney’s fee.

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Lawyer Mediator Lawsuit Defendant 264

Eric Goldman

FEBRUARY 15, 2025

The defendant runs a Florida horse ranch. In 2016, the defendant licensed the plaintiff’s Equine Boarding Forms Package, consisting of form releases for adults and minors. The license permitted the defendant to “copy, email and otherwise distribute the” forms but not post them to the web. ” Citing Bell v.

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Lawsuit Defendant Court Judge 52

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. The court dismisses the case entirely with leave to amend. This doctrinal move doesn’t work.

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Court Defendant Failure-to-appear Lawsuit 59

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 Litigation Litigator 100

Justia Legal Marketing & Technology blog

AUGUST 13, 2024

When a victim suffers preventable harm, they usually can bring a claim or lawsuit for compensation. This means that a plaintiff will need to prove four main elements: a duty of care owed by the defendant to the plaintiff, a breach of that duty, causation , and damages. Many of these events could have been foreseen and avoided.

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Workers Compensation Defendant Law Law 264

Brett Trout

FEBRUARY 19, 2025

The real challenge often lies in defending that patent. The goal is for competitors to look at your patent and decide they would rather stay out of your market or pay you a licensing fee than try to fight your patent in court. This involves lawsuits, settlements, and sometimes courtroom battles.

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Litigation Litigator Intellectual Property Attorney 59

Martindale-Avvo

FEBRUARY 7, 2025

However, unlike phone calls, text messages leave a written record that can later be reviewed, and, in some cases, used as evidence in court. We have all heard about the lawsuit involving Blake Lively and Justin Baldoni. In response, Baldoni released additional messages in an attempt to defend himself. Brandt at www.cozen.com.

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Court Attorney Defendant Lawsuit 64

Brett Trout

MARCH 5, 2025

While AI promises efficiency and cost savings, a recent case in the United States District Court for the District of Wyoming serves as a stark reminder of the dangers of including unverified AI-generated content in court filings. The court discovered that eight of those cases did not exist. Walmart Inc. &

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Court e-filing Intellectual Property Legal research 59

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp. He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp.

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Defendant Court Litigator Litigation 105

Eric Goldman

DECEMBER 4, 2023

In the lawsuit I’m covering today, Roblox named over 250 defendants. If that’s true with the other 18 cases, Roblox may have sued 4,000+ defendants using the SAD Scheme. Hierl was the lead counsel on the Emojico case I opined on in 2021.] * * * Jurisdiction The defendant Bigfinz sells t-shirts. at issue here.

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Defendant Judge Lawsuit Court 116

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. Elenis Supreme Court ruling, but I wonder how it might apply to this case.

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Lawsuit Court Machine learning Defendant 98

Eric Goldman

JUNE 14, 2024

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. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue.

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Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

APRIL 28, 2024

299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” ” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but the allegation that they were infringing the same patent.

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Defendant Judge Lawsuit Court 98

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 court denies a preliminary injunction. To analyze this, the court applies the standard likelihood of consumer confusion factors.

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Lawsuit Court Defendant Litigator 98

Eric Goldman

DECEMBER 12, 2023

Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually comes at the cost of due process and the rule of law. As usual, the Schedule A provides threadbare information about each defendant.

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Defendant Lawsuit Judge Court 96

Eric Goldman

MAY 22, 2023

The court dismisses the lawsuit on summary judgment. The court focuses on the likelihood of consumer confusion. The plaintiff invoked initial interest confusion, but per Network Automation, the court merges IIC back into the standard multi-factor test. The court says the call logs are ambiguous. clickthrough rate.

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Lawsuit Defendant Court Lawyer 111

Eric Goldman

JULY 21, 2024

Recapping a couple of doomed-from-inception lawsuits. “A defendant does not “use” a plaintiff’s mark to [infringe] when the defendant merely provides a search engine service that allows third parties to search using the plaintiff’s mark. The court cites to Hassell v. Benedict v. ” Defamation. .

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Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. One defendant fought back.

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Court Defendant Judge Lawsuit 133

Brett Trout

FEBRUARY 11, 2025

Brett Trout Patent litigation is often complex and high-stakes, but the case involvingLeigh Rothschild, Starbucks, and attorney Rachael Lamkinhas taken an unusual turn, morphing from a patent infringement lawsuit into allegations of fraud, and now, a defamation battle? from defendants through AT.

Intellectual Property 52

Intellectual Property Lawsuit Defendant Litigation 52

Eric Goldman

MAY 31, 2024

Microsoft’s filings made some unredacted disclosures about Medina that were repeated in an unredacted court opinion, and those documents appeared on several websites that publish court documents. He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more.

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Court Defendant Lawsuit Legal research 105

Clio

DECEMBER 18, 2024

Unlike legal briefs , case briefs are not submitted to the court or opposing counsel. Some basic elements of a case brief include summaries of the facts, procedural history, the main legal issue of the case, and the courts holding. However, there are other essential steps in writing a useful case brief.

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Court Judge Attorney Defendant 96

Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

If they are concerned about losing this bond for various reasons, such as the breakdown of the parents’ relationship, they generally can ask a court to grant visitation with a grandchild. Most (but not all) states have enacted dram shop laws that provide specific rules for when a victim may bring this type of lawsuit.

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Lawsuit Defendant Prosecutor Court 264

Brett Trout

FEBRUARY 18, 2025

Recently, the companys aggressive enforcement of its intellectual property (IP) has taken center stage, with high-profile lawsuits targeting game modders, emulator developers, and companies like Pocketpair, the creators of Palworld. The lawsuit seeks damages and an injunction against the games continued distribution?

Intellectual Property 52

Intellectual Property Lawsuit Litigation Litigator 52

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. Proximate Damage.

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Defendant Judge Lawsuit e-filing 98

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. A reminder that if the US government had prosecuted the defendants for violating the Clean Air Act, Section 230 would have been irrelevant (it doesn’t apply to federal criminal prosecutions). The defendants sell this hardware.

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Lawsuit Defendant Court Software 98

Eric Goldman

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Say what? ” Uh oh. ” UGH. ” UGH.

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Lawsuit Defendant Court Litigator 129

LawSites

DECEMBER 1, 2021

The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.

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Court e-filing Notary Hearing 132

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.

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Lawsuit Failure-to-appear Defendant Court 105

Eric Goldman

FEBRUARY 16, 2025

At this point, I’ve not paid close attention to the proceedings because everything at the district court level is a rehearsal for the inevitable appellate court review. A reminder: this lawsuit is a battle royale. I’m sure the appellate court will be eager to docket this one.

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Defendant Court Litigator Litigation 59

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

If this happens, a consumer might be able to pursue a claim in court. They can bring a civil lawsuit against whoever was responsible for the improper practice, seeking the damages that they sustained as a result. When the damages are relatively limited, a consumer might consider pursuing action in small claims court.

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Mediator Dispute resolution Law Law 244

Eric Goldman

AUGUST 27, 2024

I believe that’s because the court and parties are battling over redactions. Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” The court shrugs its shoulders. ” Amazon also invoked Section 230.

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Lawsuit Defendant Court State law 98

Eric Goldman

MARCH 4, 2025

The court says that Viral DRM’s exclusive “management” rights is not the same as ownership or an exclusive license to the copyright. The court says that Viral DRM doesn’t have standing to enforce the copyright. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Seven West Media Ltd.,

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Defendant Judge Lawsuit Court 52

Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A class action is a type of lawsuit in which many consumers (or other types of plaintiffs) can pursue compensation from the same defendant after suffering the same or similar harm. However, a lawsuit must meet certain criteria provided by rules of civil procedure to get certified as a class action.

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Bankruptcy Law Law Lawsuit 264

Eric Goldman

FEBRUARY 7, 2024

This lawsuit seeks to hold Letgo liable for the murders. ” The court summarized: According to plaintiffs, Letgo created an illusion that accounts like Mr. Brown’s could be trusted but undertook no actual verification procedures. The court again rejects for lack of causation. Negligence. Consumer Protection Act. Letgo, Inc.

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Lawsuit Machine learning Court Defendant 111

Eric Goldman

MARCH 9, 2023

” The abstract: This paper describes a sophisticated but underreported system of mass-defendant intellectual property litigation called the “Schedule A Defendants Scheme” (the “SAD Scheme”), which occurs most frequently in the Northern District of Illinois as a way to target Chinese online marketplace vendors.

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Intellectual Property Lawsuit Defendant Judge 105

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.” Cites to McCarthy v. Amazon , Ratermann v. Pierre Fabre , Eberhart v.

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Lawsuit Defendant Failure-to-appear Court 95

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