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. By declaring the lawsuit a SLAPP, the court concludes that Twitter misused the court system in an attempt to suppress CCDH’s speech.

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Defendant Court Litigator Litigation 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 81

Lawsuit Court Failure-to-appear Defendant 81

Legal Tech Monitor

NOVEMBER 21, 2023

In what it described as a case pitting “real lawyers against a robot lawyer,” a federal court in Illinois has dismissed a law firm’s suit against the self-help legal service DoNotPay. But DoNotPay — represented by real, not robot, lawyers — moved to dismiss the lawsuit, asserting that MillerKing lacked standing to sue it in federal court.

Court 52

Court Lawyer Lawsuit Failure-to-appear 52

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 91

Failure-to-appear Defendant Lawsuit Court 91

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. ” (Cite to Pierson v.

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Court Failure-to-appear Lawsuit Judge 93

Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

Lawsuit 52

Lawsuit Judge Court Failure-to-appear 52

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.

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Failure-to-appear Defendant Federal law Lawsuit 93

Brett Trout

MAY 30, 2024

Design patents protect the overall appearance, visual impressions, artistry, and style of ornamental subject matter. When combining these secondary designs they had to be “so related [to the Rosen reference] that the appearance of certain ornamental features in one would suggest the application of those features to the other.”

Failure-to-appear 52

Failure-to-appear Court Lawsuit Litigator 52

Eric Goldman

APRIL 4, 2023

The court dismisses the lawsuit. Failure to Honor Counternotice. The court says Google’s “alleged failure to comply with § 512(g) does not create direct liability for any violation of plaintiffs’ rights. This case involves a UGC anime site called Gelbooru, run by Hopson. Cites to e-venture v.

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Failure-to-appear Court Lawsuit Lawyer 80

Eric Goldman

FEBRUARY 21, 2024

” [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. She sued Snapchat for her harms. cite to LW v.

Defendant 74

Defendant Failure-to-appear Court Judge 74

Eric Goldman

OCTOBER 13, 2024

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. My post on a pre-pandemic district court ruling in this case. The appeals court disagrees. For more background on this issue, see this rrcap and the links at the bottom of this post.

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Court Failure-to-appear Defendant Lawsuit 94

Simple Legal

MARCH 25, 2024

Legal teams juggle numerous matters, each with its own jurisdiction, set of deadlines, court dates, and filing requirements. Failure to manage these events effectively can lead to severe consequences such as case dismissal, attorney sanctions, and even lawsuits. All event details are listed within its matter page.

Time-tracking 52

Time-tracking Failure-to-appear Court Lawsuit 52

Eric Goldman

NOVEMBER 6, 2023

Watch it at [link] Despite the obvious overlaps, the district court ruled for Epic because it thought the emote took such a small amount of the dance and short dance routines aren’t protected by copyright. This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic.

Failure-to-appear 89

Failure-to-appear Court Lawsuit Litigator 89

Eric Goldman

MARCH 8, 2024

First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts. The rule of law is nominally satisfied if the defense gets an opportunity to correct those errors, but in practice the SAD Scheme TRO often has irreparable consequences, and further proceedings in the court are irrelevant.

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Defendant Judge Failure-to-appear Court 109

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.

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

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: A: because they spend so much time in court proceedings). In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. Q: why are the apes so bored?

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

MAY 18, 2023

Supreme Court [FN]. Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law.

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Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

JUNE 17, 2023

is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. 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.

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Defendant Lawsuit Court Machine learning 132

Eric Goldman

MAY 30, 2023

The professional/personal distinction remains hot for politicians using social media–that issue is headed to the Supreme Court). The court doesn’t endorse this test. The Court will also likely consider ‘control’ as a significant determining factor.”

Court 92

Court Failure-to-appear Lawsuit Bankruptcy 92

Eric Goldman

JULY 11, 2023

The court dismisses the lawsuit against Amazon. In a footnote, the court adds that the decedents’ age doesn’t affect the analysis: The fact that Amazon allegedly continued to sell the Sodium Nitrite to “children” after it “knew [the Sodium Nitrite] was used for suicide” does not change this conclusion.

Failure-to-appear 73

Failure-to-appear Court Lawsuit Law 73

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.

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Defendant Court Failure-to-appear Lawsuit 115

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 Defendant Failure-to-appear 52

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 85

e-records Court Law Law 85

Debevoise Data Blog

JUNE 22, 2021

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information. In Rahman v. Marriott Int’l, Inc.,

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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 11, 2023

I’ve blogged so many pro se lawsuits by suspended Twitter users and they all end the same. The court rejects the request. The court says that the cited statutes all lack private causes of action, plus 230 preempts civil claims based on federal criminal statutes (cite to Gonzalez v. Case citation: Zhang v. Twitter Inc.

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Lawsuit Failure-to-appear Court Law 111

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. § This judge focused solely on Ninth Circuit precedent, which makes sense because this court is in the Ninth Circuit’s territory and that will help with any appeal).

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Lawsuit Criminal trial Court Defendant 63

Eric Goldman

JUNE 7, 2023

The court treats this as a surprisingly easy Section 230 case and dismisses the case. By definition, Snap’s failure to remove CSAM distributed on Snapchat by third parties, and Apple’s and Google’s choice to allow Snapchat to remain available for download in their online stores, involve “reviewing. Next stop: the 9th Circuit.

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Failure-to-appear Defendant Lawsuit Court 99

Debevoise Data Blog

NOVEMBER 4, 2024

The complaint was brought under the FCA’s qui tam provisions, whereby a private citizen can bring a lawsuit on behalf of the government. The underlying failures alleged in the settlement occurred between 2018 and 2023. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures.

Compliance 52

Compliance Failure-to-appear Lawsuit Court 52

Eric Goldman

DECEMBER 26, 2023

With regard to Plaintiffs’ failure to warn claims, Section 230 immunity does not apply since the conduct at issue was Defendants’ conduct and not the conduct of third parties. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. March 31, 2021). Puppies, 2020 Ariz. LEXIS 851 (Az. Superior Ct.

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Defendant Failure-to-appear Court Lawsuit 96

Martindale-Avvo

AUGUST 9, 2023

A landlord might evict a tenant for several reasons: Failure to pay rent Property damage Violating the lease terms Illegal activity Desire to repossess the property The eviction process varies by state, but generally follows this pattern: The tenant gives the landlord good cause to evict, such as unpaid rent.

Estate lawyer 52

Estate lawyer Law Law State law 52

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 court responds: “Plaintiff cannot sue Defendant based on what she thinks the law should—but does not—say.”

Lawsuit 81

Lawsuit Failure-to-appear Defendant Court 81

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 83

Lawsuit Court Failure-to-appear Judge 83

Eric Goldman

DECEMBER 29, 2023

Even though the legal system punished the wrongdoers, the lawsuits continue. 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.”

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Lawsuit Court Defendant Failure-to-appear 92

Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. The court dismisses OnlyFans per Section 230.

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Defendant Lawsuit Failure-to-appear Court 98

Eric Goldman

SEPTEMBER 27, 2024

9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. 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. District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C.

Court 98

Court Lawsuit Judge Defendant 98

Eric Goldman

JANUARY 26, 2024

Viewing Heuberger’s comments in the light most favorable to Route, the Court concludes that at least some of Heuberger’s comments are not a “performance assessment of, or other similar analysis of,” Route’s services. Further, the disparagement agreement is not limited by common-law defamation requirements. * April 20, 2023).

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