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. This is a rough ruling for Amazon.

Lawsuit 98

Lawsuit Defendant Court State law 98

Eric Goldman

JULY 13, 2023

The court rules for Reddit on all counts. The court says Rogozinski doesn’t have priority over Reddit. The court does not credit Rogozinski’s role in creating the subreddit as a use in commerce, and Rogozinski’s other uses (such as the book title) don’t count either. State Law Claims.

Lawsuit 98

Lawsuit Court State law Law 98

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]

Litigator 52

Litigator Litigation Intellectual Property Defendant 52

CaseFox

APRIL 13, 2023

Personal injury claims are lawsuits filed by individuals who have been injured due to the negligence or intentional actions of another person or entity. However, not all personal injury claims are successful in court. Here are the top reasons why personal injury claims fail in court.

Court 98

Court Defendant Lawsuit Attorney 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. The plaintiffs’ allegations were sizzling.

Court 111

Court Judge Defendant Hearing 111

Justia Legal Marketing & Technology blog

JANUARY 30, 2024

The Work-Related Requirement To get workers’ compensation benefits, a worker must be an employee rather than an independent contractor, and they must not work in a profession that is exempt under state law. This usually starts with an administrative process, but an appeal may eventually reach state court.

Workers Compensation 244

Workers Compensation Law Law Time-tracking 244

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. They tried again, to no avail.

Defendant 59

Defendant Court Litigation Litigator 59

Eric Goldman

JULY 1, 2024

On appeal to the Supreme Court, the laws baffled the justices due to their sprawling nature, confusing provisions, and misguided policy assumptions. The Supreme Court unanimously agreed to send the cases back to the Fifth and Eleventh Circuits for more careful review of the plaintiffs’ facial challenges to the laws.

Court 115

Court Defendant Lawsuit State law 115

Eric Goldman

MARCH 4, 2023

He brought a state court class action lawsuit against Ripoff Report, alleging violations of CA B&P 17200 and the implied covenant of good faith. Ripoff Report removed the case to federal court. The plaintiff successfully remanded the case back to state court and got some of its attorneys’ fees covered.

State law 97

State law Court Defendant Lawsuit 97

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? Alper Automotive v.

Court 105

Court Failure-to-appear Lawsuit State law 105

Kevin O'Keefe

JANUARY 25, 2023

Overviews of Iowa’s state laws and regulations related to farming and agriculture, including those pertaining to zoning, land use, and conservation. Information on the rights and responsibilities of Iowa farmers and agricultural businesses, such as labor laws and workplace safety regulations.

Estate planning 130

Estate planning Intellectual Property Lawyer Federal law 130

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. Because the removal of content is a traditional editorial function, Section 230(c)(1) bars plaintiff’s lawsuit.” ” The court cites Force v.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

lennyesq

SEPTEMBER 1, 2024

Ottawa Faculty of Law, CA Six major book publishers Friday sued the Florida Department of Education, challenging a 2023 state law used to restrict books in school libraries. The six book publishers filed the lawsuit along with the Authors Guild, several prominent authors, two students and two parents.

Lawsuit 75

Lawsuit State law Court Law 75

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. Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v. A second California lawsuit, Lee v.

Court 52

Court Lawyer Lawsuit Failure-to-appear 52

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.

Time-tracking 119

Time-tracking Judge Law Law 119

Eric Goldman

AUGUST 16, 2023

The court accepts that the employer believed the works were created within the scope of employment, so the associated takedown notice wasn’t sent in bad faith. So does the rest of the employee’s lawsuit. Shande will get his day in court. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

State law 75

State law Court Litigation Litigator 75

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.

Judge 98

Judge Court Defendant State law 98

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.

Court 98

Court Software Litigation Litigator 98

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. ML Genius v. A third approach?

Court 98

Court Litigation Litigator Case law 98

Eric Goldman

AUGUST 24, 2023

Many interpreted this as allowing an affirmative right to scrape public data, even if that was not the correct reading of the law and the reality was always more nuanced. has filed multiple lawsuits against web scrapers, including against Bright Data , which is perhaps the biggest web-scraping company in the world. I blame the courts.

Intellectual Property 98

Intellectual Property Court Litigation Litigator 98

Brett Trout

MAY 24, 2024

Whereas your freedom of speech is protected by the Constitution, your right of publicity is protected by a mix of different state laws. Depending on which state you bring your right of publicity lawsuit, you may have a lot or only a little protection. So is the award in the Waits case typical?

Defendant 52

Defendant Lawsuit Court State law 52

Eric Goldman

NOVEMBER 30, 2023

The court brushes aside of all of Source Capital’s claims. It may or may not be related to this lawsuit, but Google recently sued “bad actors who set up dozens of Google accounts and used them to submit thousands of bogus copyright claims against their competitors. Adolly.com, 2023 WL 5672170 (D. Utah Sept.

Defendant 75

Defendant Court State law Lawsuit 75

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. Understanding the key differences between these two types of lawsuits could be extremely helpful if you ever find yourself in a difficult circumstance. But unless proven guilty, they are presumed innocent.

Litigator 52

Litigator Litigation Dispute resolution Criminal trial 52

Brett Trout

MARCH 15, 2024

Unlike the right of privacy, which is protected by the Constitution and specific federal statutes, the right of publicity is a patchwork of state and common law. This means your rights to your name, image, and likeness vary depending on which state law applies. No tags for this post. Related posts No related posts.

Intellectual Property 52

Intellectual Property Lawsuit Compliance State law 52

Eric Goldman

DECEMBER 16, 2024

The appellate court refers to Doe’s behavior as “ capping.” The court dismissed the case on Section 230 grounds. Knowing CSAM Possession The district court dismissed the CSAM civil claim on Section 230 grounds. The 11th Circuit affirms, but relies only partially on Section 230 grounds.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

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).

Lawsuit 88

Lawsuit Criminal trial Court Failure-to-appear 88

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.

Failure-to-appear 118

Failure-to-appear Defendant Lawsuit Court 118

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.

Lawsuit 124

Lawsuit Court Defendant Hearing 124

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.

Lawsuit 111

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.

Defendant 98

Defendant Lawsuit Court Hearing 98

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. ,

Lawsuit 97

Lawsuit Court Defendant Hearing 97

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.

Lawsuit 96

Lawsuit Defendant Court Judge 96

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. 2019) (“As courts uniformly recognize, § 230 immunizes internet services for third-party content that they publish, including false statements, against causes of action of all kinds.”). ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az.

Defendant 98

Defendant Failure-to-appear Court Lawsuit 98

Martindale-Avvo

AUGUST 9, 2023

Real estate law focuses on the physical land, also called “real property,” and the resources and structures on it. Real estate can change from state to state, as it is governed by state laws. Generally, real estate law is separated into two categories: Commercial and Residential.

Estate lawyer 52

Estate lawyer Law Law State law 52

Debevoise Data Blog

JANUARY 24, 2023

In addition, as the United States Supreme Court considers the bounds of what constitutes a “transformative” purpose for the sake of fair use, the legal landscape on this issue may shift. Instead, states prohibit deepfakes in specific, harmful contexts. The DMCA takedown regime does not extend to trademarks or defamatory content.

Court 52

Court e-filing Lawsuit State law 52

Berkley Technology Law Journal

DECEMBER 24, 2022

And this is one that the US Supreme Court has recognized is not really a bright line, in the case called Carpenter vs. United States from 2018. This is a case where the Supreme Court held that the government needed to get a warrant in order to obtain the cell phone locations of a person over a period of time.

Attorney 100

Attorney Law Law Time-tracking 100

Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. The district court dismissed the case. The Ninth Circuit affirms every point of the district court’s decision. The court says that Grindr’s claim is not a specific promise, is too general to be enforced (I guess it’s like puffery?)

Lawsuit 64

Lawsuit Failure-to-appear Defendant Court 64