Eric Goldman

FEBRUARY 12, 2025

The court refuses Temu’s preliminary injunction request. This opinion suggests this judge would have zero interest in enjoining rightsowners from this practice. Day to Day Imports * Court Mistakenly Thinks Copyright Owners Have a Duty to Police InfringementSunny Factory v. Case Citation : Whaleco Inc. Alper Automotive v.

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Court State law Litigator Litigation 59

Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). Note: the court cites Facebook v. Exactly what did Facebook do?

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Time-tracking Judge Law Law 119

Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Judge Court Defendant State law 98

Eric Goldman

AUGUST 4, 2024

Utah passed a terrible law claiming to be “for the kids,” which are increasingly prevalent at the state level. NetChoice challenged the law in court primarily based on the First Amendment, but NetChoice also claimed that Section 230 preempts the latter three functions. The court concludes they do not.

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Court Defendant Judge State law 98

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. District Chief Judge Nancy Rosenstengel. Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v.

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Court Lawyer Lawsuit Failure-to-appear 52

LLRX

AUGUST 27, 2024

In addition to serving as an attorney—taking a case from trial through appeal—you will have the chance to act as a judge, jury, legislator, and legislative advisor. In-class time will be devoted mostly to running simulations of varying fidelity for ten potentially precedent making cases and arguing the merits of proposed AI legislation.

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Law Law Judge Attorney 105

Eric Goldman

JANUARY 12, 2024

It was an audaciously mockable pivot…and yet, the district court judge shockingly bought the argument. Unfortunately, the court expresses this intuitively obvious result in a baroque, technical, and inaccessible opinion. The district court said the “website” was the chattel. ” That’s true.

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Court Software Litigator Litigation 98

Joshua Gilliland

JANUARY 12, 2016

Then there are the judges who work in a good Star Wars reference in an opinion. Judge Richard Jones must have felt he was dealing with a phantom menace of discovery disputes, because most of the issues in the case could have been solved if the parties actually had a meaningful a meet and confer. The Court found that “unacceptable.”

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Defendant Judge Court Legal advice 52

Legal Expert Connections

DECEMBER 1, 2018

District Judge forced a law firm to reveal its referral fee arrangement in a recent prominent case, many legal experts are suggesting the industry may be at a tipping point where class action firms could be required to more fully disclose the distribution of their fees. After one U.S. Upon this discovery, a U.S.

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Law Law Law firm Legal advice 52

CaseFox

DECEMBER 21, 2023

Judges legal service providers are crucial in assisting the parties during this procedure and guaranteeing a just conclusion. Examples of civil law cases Family disputes include divorce, dissolution of civil partnerships, children’s issues, and childcare arrangements. It’s also described as the “balance of probabilities.”

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Litigator Litigation Dispute resolution Criminal trial 52

Debevoise Data Blog

OCTOBER 18, 2021

Compensatory damages or damages between $200 and $1,000 are authorized for each unlawful sale, as are reasonable attorneys’ fees and court costs. State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. See Vance v. Amazon.com Inc. , C20-1084JLR, 2021 WL 1401633, at *2 (W.D.

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Law Law Court Time-tracking 52

Justia Legal Marketing & Technology blog

SEPTEMBER 10, 2024

Justia provides a Probate Law Center that can guide executors, heirs, and anyone else involved in the process. If needed, the probate court will appoint someone to manage the estate. A person who could serve as an administrator also may nominate another person for this role, although the judge will make the final decision.

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Law Law Court State law 279

Eric Goldman

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

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Court Litigator Litigation Defendant 123

Justia Legal Marketing & Technology blog

JUNE 29, 2023

The SSA provides three internal levels of appeals : a reconsideration, a hearing before an Administrative Law Judge (ALJ), and review by the SSA Appeals Council. If a claimant does not get benefits at any of these levels of administrative appeals, they can consider taking their case to federal court.

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Law Law Federal law Hearing 246

Eric Goldman

JUNE 7, 2023

The court treats this as a surprisingly easy Section 230 case and dismisses the case. Twitter , the court disagrees: Unlike in Lemmon and Roommates.com , the harm Plaintiffs allege here doesn’t flow from a design defect. ” The plaintiffs also sued Google and Apple for carrying Snap in their app stores. Next stop: the 9th Circuit.

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Failure-to-appear Defendant Lawsuit Court 118

LawSites

SEPTEMBER 21, 2021

The legal analytics platform Lex Machina , which is owned by LexisNexis, has added a module for litigation involving claims under the Americans with Disabilities Act, as well as claims under related state laws. . In addition, Lex Machina has been gradually expanding its coverage of state courts. District Court.

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Analytics Court Litigator Litigation 72

Eric Goldman

DECEMBER 16, 2024

The appellate court refers to Doe’s behavior as “ capping.” ” A reminder that Section 230 cases often require the judges to apply the immunity to tragic facts. The court dismissed the case on Section 230 grounds. The 11th Circuit affirms, but relies only partially on Section 230 grounds.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. In 2021, the court dismissed the non-FOSTA claims but did not dismiss the FOSTA claim. Reddit cert petition was pending before the Supreme Court. Both parties appealed to the Ninth Circuit.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

MAY 2, 2024

Readers with good memories will recall that I have blogged several other cases against Salesforce with similar allegations, with mixed results in court. Salesforce decision closely, the court concludes that Salesforce doesn’t qualify for Section 230 immunity in the FOSTA case. Salesforce invoked the Fifth Circuit’s Doe v.

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Lawsuit Defendant Court Judge 96

Eric Goldman

MAY 5, 2023

” My post tried to translate this statement: Underneath this anodyne conclusion, the court is impliedly making two key points: (1) users’ activities do not contribute to evaluating the defendant’s 1591 exposure, and (2) the applicable scienter to get around 230 is 1591’s “actual knowledge” requirement.

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Lawsuit Defendant Court e-filing 111

Eric Goldman

JULY 26, 2024

On remand, the court dismisses the remaining defendants primarily due to Section 230, with leave to amend. The court summarizes the facts: Plaintiff alleges she was trafficked as a minor and her traffickers filmed her while she was engaged in sex acts. . The court says Section 230 preempts it in this case. The Lemmon v.

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Defendant Lawsuit Court Hearing 98

Martindale-Avvo

SEPTEMBER 8, 2023

” September 25th is the National Day of Remembrance for Murder Victims , and it’s common knowledge in the field that many criminal justice cases are brought to court in September. ” This appearance before a judge is usually to set bail while the filing of the criminal case is underway.

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Criminal Defense Defendant Judge Attorney 59

Eric Goldman

JULY 23, 2023

In response to a facial constitutional challenge to FOSTA, the DC Circuit upheld the law after making several narrowing constructions. The remaining ambiguity over its scope chills and inhibits socially beneficial and completely legal behavior, but the law doesn’t help reduce illegal behavior. Taamneh case. Reddit, Inc. ,

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Lawsuit Court Defendant Hearing 97

LawSites

JUNE 2, 2022

Designed to help lawyers improve the drafts of their briefs and legal documents, BriefCatch is a Microsoft Word add-in that offers some 11,000 style and editing suggestions, together with explanations and illustrations drawn from the exemplary writing of actual lawyers and judges. Gorsuch, whom Slate once pronounced a terrible writer.

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Software Court Judge Lawyer 98

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.”

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Lawsuit Criminal trial Court Failure-to-appear 88

LLRX

FEBRUARY 27, 2022

Alexis Karteron , constitutional law professor ,Rutgers University - Newark, provides insight on what Judge Ketanji Brown Jackson, the first Black woman nominated to the Supreme Court, could mean for how that court works.

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Court Judge Law Law 105

Eric Goldman

FEBRUARY 18, 2025

The district court dismissed the case. The Ninth Circuit affirms every point of the district court’s decision. The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. .” Will a Ninth Circuit panel agree?

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Lawsuit Failure-to-appear Defendant Court 64

Debevoise Data Blog

JANUARY 14, 2022

5] In a motion passing 3-2 on a party-line vote, the Democratic commissioners removed the Chief Administrative Law Judge (the “ALJ”) from the role of Presiding Officer in Magnuson-Moss rulemaking; Chair Khan or her designee will instead assume the role of Presiding Officer, giving Chair Khan even greater control over future rulemaking efforts. [6]

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Compliance Court Litigator Litigation 52

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.

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Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. But the plaintiffs found a judge who gave them enough benefit of the doubt to survive a motion to dismiss. the not-as-a-mark doctrine).

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Defendant Law Law Court 77

Eric Goldman

JANUARY 11, 2025

14, 2024) A magistrate judge recommends sending a 512(f) case to trial. The court summarizes the facts: The two videos at issue comprise excerpts from Lakeway City Council meetings and a presentation Kilgore gave as mayor to Lakeway residents, sitting at a desk in front of United States and Texas flags. Channel 781 News v.

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Court Judge Defendant Case predictions 40

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.”

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Court Lawsuit Judge Defendant 105

Justia Legal Marketing & Technology blog

JANUARY 20, 2023

Some of them contain 50-state surveys that track variations in state laws on a key issue. Family Law Matters involving domestic relations tend to have high stakes, financially and emotionally. The Divorce center also contains 50-state surveys on uncontested divorce , alimony , and property division. armed forces.

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Intellectual Property Workers Compensation Bankruptcy Estate planning 130

lennyesq

JUNE 5, 2023

By Sydney Kashiwagi , CNN A federal judge in Tennessee has ruled that a state law limiting public drag show performances represented an “unconstitutional restriction on the freedom of speech.” “As As a matter of text alone, the (Adult Entertainment Act) is a content, and viewpoint-based restriction on speech.

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Judge Defendant Law Law 75

3 Geeks and a Law Blog

JUNE 28, 2023

Marathe argues judges and lawyers also need to be heavily educated on the latest developments in deep fake technology in order to counter their use in court. Regulations, laws and advanced detection technology are still lacking but urgently needed. States will likely pass a patchwork of laws to regulate AI-generated images.

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Litigator Litigation Court e-discovery 147

Eric Goldman

FEBRUARY 8, 2025

A prior ruling summarized the facts the court describes as “harrowing”: In April 2022, Defendant Bendjy Charles (Charles) and Romelus raped Plaintiff. In November 2024, a magistrate judge dismissed the plaintiff’s claims against OnlyFans on Section 230 grounds. The court again denies a Section 230 dismissal.

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Defendant Lawsuit Judge Court 59

Legal Tech Monitor

JUNE 28, 2023

Marathe argues judges and lawyers also need to be heavily educated on the latest developments in deep fake technology in order to counter their use in court. Regulations, laws and advanced detection technology are still lacking but urgently needed. States will likely pass a patchwork of laws to regulate AI-generated images.

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Litigator Litigation Judge Court 52