Justia Legal Marketing & Technology blog

JUNE 18, 2024

Medical malpractice cases may pose more challenges than a typical personal injury lawsuit, though. Most judges and juries lack the medical knowledge to decide whether a healthcare provider breached the applicable standard of care. The statute of limitations provides the time in which a patient can bring a medical malpractice lawsuit.

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Lawsuit Law Law Defendant 264

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. A single message sent in anger can shape how the court perceives a party. Brandt at www.cozen.com.

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Court Attorney Defendant Lawsuit 64

Eric Goldman

MARCH 28, 2025

Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users for inappropriate statements and would unmask harassers. The court disagrees. This opinion raised numerous Section 230 jurisprudential issues. ” What?

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Defendant Lawsuit Court Judge 83

Trellis.Law Blog

DECEMBER 1, 2023

On November 22, 2023, the lawsuit against Lizzo by three of her previous backup dancers had its first court hearing.

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Hearing Lawsuit Judge Court 100

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

The trial judge refused to allow O’Toole to testify because the attorney-client privilege covered the confession, and the privilege was not waived. 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.

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Justia Legal Marketing & Technology blog

DECEMBER 28, 2023

Supreme Court Center by adding biographies of each Justice. Justia Legal Dictionary Judges and lawyers use a distinctive vocabulary, much of which is unfamiliar to the average American. Supreme Court History Resources Nobody has played a more vital role in shaping American law than the 116 Justices who have served on the U.S.

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Court Lawsuit Judge Attorney 264

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

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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Trellis.Law Blog

JANUARY 19, 2024

On Wednesday, a three-judge panel in the Philadelphia-based 3rd US Circuit Court of Appeals heard oral arguments regarding whether a lawsuit against social media company TitTok should be revived despite a federal law that generally shields internet platforms from liability… Continue reading → The post A Family’s Plea: Appellate Court Urged (..)

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lennyesq

FEBRUARY 6, 2025

BY MATT BRACKEN Judge Colleen Kollar-Kotelly of the U.S. Tom Krause and Marko Elez , two DOGE-connected special government employees of the Treasury Department, were granted read-only access to Bureau of Fiscal Service systems as needed for the performance of their respective duties, the judge ruled.

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Judge Defendant Lawsuit Court 54

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

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

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. In 2021, the court quickly shut down that misguided argument. My blog post on that ruling.

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Lawsuit Court Litigator Litigation 111

Eric Goldman

FEBRUARY 15, 2025

Distribution The court says “the Forms were accessible at the URLs that plaintiff located. ” However, the court says the plaintiff has to allege actual downloading, not just the mere possibility. ” The court also rejects an implied license defense using an overly restrictive test. ” Citing Bell v.

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Lawsuit Defendant Court Judge 52

Justia Legal Marketing & Technology blog

MAY 18, 2023

Failing to follow the applicable rules can result in fines, vastly increased damages in a personal injury lawsuit, and even jail time in some cases. They might pursue this type of case in small claims court, although they will need to go to regular court if they want a remedy other than monetary damages.

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Estate planning Law Law Judge 264

Eric Goldman

FEBRUARY 18, 2024

You may have heard about Squishmallow’s recent lawsuit against Build-a-Bear over plushy knockoffs. Yet, the SAD Scheme jurisprudential distortion field worked its magic once again, and the judge rejected their legitimate pushback. The judge subsequently held the marketplaces in contempt for violating the injunction.

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Judge Defendant e-records Court 111

Eric Goldman

OCTOBER 5, 2023

Instead, as with hundreds of other Emojico defendants, the judge in this case issued an ex parte restraining order against the merchant, prompting Amazon to freeze the merchant’s account and cash. The court should have embraced its first instinct that the merchant didn’t use “emoji” as a mark.

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Court Defendant Judge Lawsuit 133

Trellis.Law Blog

MAY 31, 2023

DeSantis’s Motion Against Judge Walker Last week, Florida Governor Ron DeSantis filed a motion to recuse the Hon.

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LawSites

APRIL 26, 2022

See all stories about this lawsuit. Judge Leonard P. district judge in Delaware but who last month became a judge of the Court of Appeals for the Federal Circuit — sided with ROSS. Stark — who previously presided over the case as a U.S.

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Litigation Litigator Judge Lawsuit 98

Eric Goldman

JANUARY 30, 2024

, Atari sought a preliminary injunction, which the court denies because “Atari has not shown that it is likely to succeed on the merits.” ” In support of Printify’s position, the court summarizes: Printify does not design the products, does not manufacture or print the products, and does not ship the products.

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Lawsuit Court Judge Defendant 98

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. This is quintessential Judge Alsup.

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Court Judge Defendant Hearing 111

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. The court applies the standard three-part Section 230 test: ICS Provider. If I were a judge, I would sanction that argument harshly. ” The court is confused.

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Lawsuit Court Judge Litigator 98

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. Judge Breyer of the Northern District of California had none of it. As a result, the court finds that much of the lawsuit is a SLAPP. Nominally, Twitter brought this lawsuit to rehabilitate its reputation by undermining CCDH.

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Defendant Court Litigation Litigator 105

Eric Goldman

MARCH 9, 2023

With substantial assistance from judges, rightsowners use these dynamics to extract settlements from online vendors without satisfying basic procedural safeguards like serving the complaint and establishing personal jurisdiction over defendants. The paper concludes with some ideas about ways to curb the system. I would welcome yours.

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Intellectual Property Lawsuit Defendant Judge 105

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. Courts have widely rejected claims that AI models themselves are unlawful derivatives of the copyrighted works they were trained on. [3]

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Litigator Litigation Intellectual Property Defendant 52

Trellis.Law Blog

MARCH 18, 2024

lost a motion to dismiss a lawsuit alleging the company’s AirTag devices are being used as a tool by stalkers to track victims. Last Week, Apple Inc.

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Lawsuit Judge Court 130

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. Judge Balks at SAD Scheme JoinderZaful v. Case Citation : Viral DRM LLC v. Dongguan Juyuan v.

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Defendant Judge Lawsuit Court 52

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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Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. Instead, the court easily finds that the defendants qualify for Section 230 protection. The court replies: “The Second Circuit has affirmed dismissal at the pleading stage in several of its key cases interpreting Section 230.” It doesn’t work.

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Lawsuit Defendant Court Software 98

Eric Goldman

DECEMBER 19, 2023

I previously covered the district court ruling in this case. Nevertheless, the plaintiff has pursued additional defendants, including the school district (that lawsuit failed) and Snap. The court says simply that the plaintiff’s “argument is contrary to the law of our circuit” (cites to Doe v.

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Judge Court Defendant Lawsuit 98

Eric Goldman

JANUARY 4, 2024

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. The court ruled on Hyponix and NinjaSafe’s requests for damages from the bond, dismissal with prejudice, and attorneys’ fees. Then, the case fell apart.

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Defendant Judge Lawsuit e-filing 98

Eric Goldman

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels). The supervising judge agrees.

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Defendant Judge Lawsuit Court 119

Eric Goldman

DECEMBER 4, 2023

In the lawsuit I’m covering today, Roblox named over 250 defendants. The court says “none of Bigfinz’s t-shirts were sold in Illinois.” The court says that’s not good enough; “the online retailer generally must have sold at least one product in Illinois for personal jurisdiction to exist here.”

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Defendant Judge Lawsuit Court 116

Eric Goldman

SEPTEMBER 10, 2023

The court describes the phenomenon: This case is one of many in the Northern District of Illinois’s “cottage industry” of “Schedule A” cases. Few defendants appear in court, so plaintiffs move for default judgment and collect what funds they can. Note: one minor correction to the court’s description.

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Court Defendant Judge Litigator 98

Kevin O'Keefe

DECEMBER 6, 2023

With the insertion of the url, asking that the summary be bulleted and be writtten in the tone of the source (the clerk or judge who wrote the decision), I receive the below. was dismissed by the court. Liberty Mutual demanded a retraction of the advertisement, which O’Keefe refused, leading to the lawsuit.

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Lawsuit Court Judge Law firm 130

Legal Tech Monitor

DECEMBER 1, 2023

On November 22, 2023, the lawsuit against Lizzo by three of her previous backup dancers had its first court hearing. Continue reading → The post Behind the Bench: Unpacking Judge Epstein’s Inquiries in Lizzo Lawsuit Hearing first appeared on Trellis.Law Blog.

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Hearing Lawsuit Judge Court 52

Eric Goldman

AUGUST 21, 2023

This is one of several ideologically motivated lawsuits against YouTube for allegedly engaging in “discriminatory” content moderation. But courts don’t always use facts like that for petard-hoisting, instead grounding their rulings in legal doctrines and admissible evidence. Yet, the court bails YouTube out.

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