LLRX

JULY 31, 2022

Supreme Court Justice Clarence Thomas, sent at least 29 text messages to former White House Chief of Staff Mark Meadows urging him to help overturn the 2020 election has reignited a long-simmering debate about judicial ethics and the nation’s highest court. Recent evidence showing that Virginia Thomas, wife of U.S.

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Court State law Legal research Law 105

Eric Goldman

MAY 17, 2024

Furthermore, the court determined that Facebook’s survival clause did not explicitly cover scraping after the termination of Bright Data’s accounts. It lost for two reasons: one grounded in contract law and the other external. 301(a) , which preempts state laws “equivalent” to copyright. In 2022, in ML Genius v.

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Judge State law Court Federal law 130

Eric Goldman

AUGUST 22, 2023

district court granted summary judgment for the Copyright Office in Thaler v. The much harder question of “how much human input is necessary to qualify the user of an AI system as the ‘author’ of a generated work” was not before the court. As one example of this, the district court pointed to Urantia Found. Perlmutter , No.

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lennyesq

JANUARY 10, 2025

BY JULIANNE HILL New York, the jurisdiction with the largest number of bar candidates, will adopt the NextGen bar exam as it considers rejiggering the state-specific part of the exam, too, according to the New York Court of Appeals. 8 press release from the National Conference of Bar Examiners.

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Legal Tech Monitor

FEBRUARY 28, 2024

On Monday, the Supreme Court heard oral arguments in a case concerning laws passed in Florida and Texas over whether state governments are allowed to create rules to address social media companies’ alleged censorship of conservative viewpoints on their platforms.

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State law Law Law Court 52

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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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.

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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.

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State law Court Defendant Lawsuit 97

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. Key duties of an executor include filing the will (if any) with the probate court and gathering and valuing the assets in the estate.

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Law Law Court State law 111

Legal Tech Monitor

FEBRUARY 26, 2024

The high court is reviewing the constitutionality of GOP-backed laws in Florida and Texas to stop the perceived censorship of conservative views by the sites.

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State law Law Law Court 52

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.

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Lawsuit Defendant Court State law 98

Eric Goldman

APRIL 29, 2023

A: because they spend so much time in court proceedings). Protip: if you want to win in court, don’t self-describe as an “appropriation artist”). The court treats Ripps’ collection as competing against and putting downward price pressure on the original NFTs. Q: why are the apes so bored?

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Legal Tech Monitor

FEBRUARY 21, 2024

Last Friday, in a first-of-its-kind ruling, the Alabama Supreme Court held that embryos are considered people under Alabama state law. Continue reading → The post Frozen Embryos Now Considered Children: Unpacking the Alabama Supreme Court Decision and the Future of Fertility Care first appeared on Trellis.Law Blog.

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Court State law Law Law 52

Eric Goldman

SEPTEMBER 15, 2024

As a result, UMG apparently makes the blanket assumption that it owns every element of a sound recording in its catalog, leading to overenforcements like this one where it apparently is enforcing its status as a non-exclusive licensee of the beat (which copyright law doesn’t permit). Chen * Another 512(f) Claim Fails–Moonbug v.

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Time-tracking Court Defendant Case predictions 106

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.

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Lawsuit Court State law 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

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. ” The court cites Force v. The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I

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LLRX

OCTOBER 29, 2021

Jennifer L. Selin Professor of Constitutional Democracy, reviews how this battle between the two branches of government over access to presidential information raises questions about the constitutional authority of Congress and how lawmakers acquire the information needed to hold the executive branch accountable in the U.S.

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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 Court found that where work is not considered obscene, it is constitutionally protected expression under the First Amendment.

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Discovery Advocate

JUNE 7, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.

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Discovery Advocate

JUNE 8, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.

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Court e-discovery Defendant e-records 52

Eric Goldman

FEBRUARY 7, 2024

” The court summarized: According to plaintiffs, Letgo created an illusion that accounts like Mr. Brown’s could be trusted but undertook no actual verification procedures. The court again rejects for lack of causation. The court says all of the highlighted statements were substantially true. Consumer Protection Act.

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Eric Goldman

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. ” Cite to ISE v.

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Court State law Litigation Litigator 112

Eric Goldman

JUNE 4, 2023

The court easily dismisses per Section 230: ICS Provider. Numerous courts have held Google is one. ” The court summarizes: “Google has immunity from her state law claims, as it cannot be held liable for search engine results showing a third party’s statement.” Publisher/Speaker Claims.

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Law Law Court State law 75

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.

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Estate planning Intellectual Property Lawyer Federal law 130

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.

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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. By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. Shande will get his day in court.

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State law Court Litigator Litigation 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. MK has not alleged any lost revenue or added expenditures as a result of DNP’s conduct,” wrote U.S.

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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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Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A web of federal and state laws shields consumers from fraud, abuse, and other forms of harm. State laws governing debt collection sometimes extend more broadly. Justia provides a 50-state survey on fair debt collection laws and some related statutes. Will I Lose My Utilities if I Cannot Pay the Bill?

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Bankruptcy Law Law Lawsuit 105

LLRX

OCTOBER 29, 2024

The Department of Justice may be on the verge of seeking a break-up of Google in a bid to make it less dominant. ,,,,,strong>Renaud Foucart explains that if the government goes ahead and is successful in the courts, it could mean the company being split into separate entities – a search engine, an advertising company, a video website, a mapping app (..)

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Justia Legal Marketing & Technology blog

NOVEMBER 5, 2024

Even if a business labels a worker as an independent contractor, they still are considered an employee if they meet the definition of this term under state law. The employer must have workers’ compensation insurance, although almost all states require most employers to sign up for this coverage.

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Workers Compensation Law Law Defendant 89

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

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?

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Court Litigator Litigation Case law 98

Eric Goldman

FEBRUARY 12, 2025

The court refuses Temu’s preliminary injunction request. Day to Day Imports * Court Mistakenly Thinks Copyright Owners Have a Duty to Police InfringementSunny Factory v. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference ClaimCopy Me That v.

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Court State law Litigator Litigation 59

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. I’m sure the appellate court will be eager to docket this one. The court rejected Facebook’s motion to dismiss. LEXIS 161 (Mass.

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Justia Legal Marketing & Technology blog

NOVEMBER 19, 2024

They also may want to learn about the procedures in these situations, such as what happens during a traffic stop and in court. The Traffic Tickets Legal Center at Justia addresses substantive and procedural issues in this area of law. Drivers in most states do not have a right to a jury in traffic court.

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