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.

Lawsuit 102

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.

Lawsuit 111

Lawsuit Court Litigator Litigation 111

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.

Lawsuit 98

Lawsuit Court Judge Defendant 98

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.

Court 100

Court e-filing Lawsuit Judge 100

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.

Litigation 98

Litigation Litigator Judge Lawsuit 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.

Defendant 105

Defendant Court Litigation Litigator 105

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.

Lawsuit 130

Lawsuit Judge Court 130

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.

Court 111

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.

Lawsuit 98

Lawsuit Court Judge Litigator 98

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.

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 105

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.

Lawsuit 98

Lawsuit Defendant Court Software 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.

Defendant 119

Defendant Judge Lawsuit Court 119

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.

Defendant 98

Defendant Judge Lawsuit e-filing 98

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

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.

Judge 98

Judge Court Defendant Lawsuit 98

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. Not a word on this from the appellate court.

Court 105

Court Failure-to-appear Lawsuit Judge 105

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.”

Defendant 116

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.

Court 98

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.

Hearing 52

Hearing Lawsuit Judge Court 52

Legal Tech Monitor

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.

Lawsuit 52

Lawsuit Court Federal law Judge 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.

Court 98

Court Machine learning Lawsuit Law firm 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. Independent lawsuits against 1,099 defendants would cost $440,000+ in filing fees.

Defendant 96

Defendant Lawsuit Judge Court 96

Eric Goldman

JANUARY 21, 2024

In a plot twist, the court denies Viral DRM’s preliminary injunction request and orders Viral DRM to explain its bases for jurisdiction and joinder or else the case will fall apart. Four defendants submitted 512(g) counternotifications and thus agreed to jurisdiction in YouTube’s home court (N.D. Jurisdiction.

Defendant 78

Defendant Judge Court Hearing 78

Eric Goldman

JUNE 23, 2023

His lawsuit against Facebook was dashed by Section 230 in the district court. The Supreme Court denied cert. Thereafter, he tried to vacate the district court decision, which triggered a new cycle of rejection by the district court, the 9th Circuit, and the Supreme Court. Sessions, 697 F. App’x 7 (D.C.

Lawsuit 110

Lawsuit Defendant Court Litigator 110

Eric Goldman

APRIL 28, 2024

” 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. We recently saw how Judge Pacold used Section 299 to cause a SAD Scheme patent case to fall apart. This is not a hard call. Alibaba N.D.

Defendant 98

Defendant Judge Lawsuit Court 98

Eric Goldman

JULY 10, 2024

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. Twitter, produced Supreme Court rulings last year. In light of that conclusion, the court declined to rule on the parallel Gonzalez v. Google and Taamneh v.

Lawsuit 98

Lawsuit e-filing Court Judge 98

Eric Goldman

NOVEMBER 25, 2024

Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. As I recently mentioned , Judge Daniel is calling out overreaching joinder allegations in SAD Scheme cases. Judge Daniel responds unambiguously: “None of these arguments are persuasive.” Do better).

Defendant 52

Defendant Judge Court Lawsuit 52

Eric Goldman

SEPTEMBER 18, 2023

The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). ” This sounds like a lot of potentially confused consumers, but the court isn’t persuaded by the volume.

Lawsuit 98

Lawsuit Defendant Court Judge 98

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.

Defendant 111

Defendant Judge Failure-to-appear Court 111

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.

Lawsuit 101

Lawsuit Law Law Defendant 101

Eric Goldman

JANUARY 8, 2024

The court already sent that trademark claim to the jury ( my blog post on that ruling ). ” However, not all questions are worth asking, and the judge responds to this motion as if the trademark owner is the backseat passenger asking “are we there yet?” ” for the 16th time.

Lawsuit 98

Lawsuit Court Lawyer Litigator 98

Eric Goldman

FEBRUARY 1, 2024

There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). I’m going to focus on the court’s ruling on trespass to chattels doctrines. ” We might expect the judge to push on these vague and conclusory allegations and demand specifics.

Time-tracking 119

Time-tracking Judge Law Law 119

Eric Goldman

JULY 19, 2024

I wonder if the court realized just how much money would be affected by its earlier orders? The court is confused enough by the mismatch between actual damages claim and the apparent profit to deny the plaintiff summary judgment. Courts often tolerate detail-less allegations like this, but they shouldn’t. Alibaba N.D.

Defendant 96

Defendant Judge Court Lawsuit 96

Legal Tech Monitor

MAY 31, 2023

DeSantis’s Motion Against Judge Walker Last week, Florida Governor Ron DeSantis filed a motion to recuse the Hon. Walker, a judge on the United States District Court for the Northern District of Florida, from presiding over Disney’s lawsuit.

Court 59

Court e-filing Lawsuit Judge 59

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.] The court responds: The result in Lemmon makes sense, of course, because the plaintiffs there did not attempt to hold the defendant liable for publication of third-party content.

Defendant 95

Defendant Failure-to-appear Court Judge 95