Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. [These are my rough-draft talk notes from a recent workshop of trademark law professors.]

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Defendant Judge Failure-to-appear Court 111

Eric Goldman

FEBRUARY 21, 2024

Snapchat successfully defends on Section 230 grounds. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. cite to LW v. Cite to Doe v.

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Defendant Failure-to-appear Court Judge 95

Eric Goldman

JUNE 17, 2023

is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. GitHub, Inc.

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Defendant Machine learning Lawsuit Court 132

Lawmatics

SEPTEMBER 13, 2023

There are more than 40 million lawsuits in the United states alone every year. And only 2% of those will ultimately proceed with a lawsuit. Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits.

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Lawsuit Defendant Judge Court 52

Eric Goldman

DECEMBER 26, 2023

28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. There is evidence Defendants’ conduct exceeded standard publication decisions. ” * Doe v.

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Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

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Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

AUGUST 11, 2023

August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. Citing Sellers v. The court sees it differently.

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e-records Court Law Law 98

Debevoise Data Blog

JUNE 22, 2021

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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MatterSuite

APRIL 24, 2024

Lawsuits can happen to anyone, even the most skilled lawyers. The median cost of defending a legal malpractice lawsuit is $100,000. Benefits of Getting Legal Malpractice Insurance for Lawyers Lawsuits can happen to anyone, even the most skilled lawyers. The median cost of defending a legal malpractice lawsuit is $100,000.

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Lawyer Lawsuit Failure-to-appear Defendant 52

CaseFox

JUNE 29, 2023

In this motion, the case gets dismissed on the grounds like an improper venue or failure to state claims. Motion for Summary Judgment A motion for summary judgment is a legal request that one party makes in a lawsuit. Legal motion management is an essential aspect of the litigation process.

Client Intake 52

Client Intake Court Failure-to-appear Defendant 52

MatterSuite

APRIL 24, 2024

Lawsuits can happen to anyone, even the most skilled lawyers. The median cost of defending a legal malpractice lawsuit is $100,000. Failure to comply with these regulations can result in severe penalties, including suspension or revocation of licensure. Here are the top 8 benefits of malpractice insurance for lawyers.

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Lawyer Failure-to-appear Lawsuit Compliance 52

AXDRAFT

FEBRUARY 9, 2023

Failure to fully understand legal processes and the value they bring to your organization may lead to incidentally blocking revenue growth or putting your organization at risk. Courtroom litigation If a lawsuit is initiated against your company, it’s up to legal to prepare all materials to defend the company and minimize damage.

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Failure-to-appear Compliance Lawyer Legal tech 52

Eric Goldman

JUNE 14, 2024

The cases reached important milestones last Fall, when both the federal and state court judges denied the social media defendants’ Section 230 motions to dismiss. Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp. As a result, the court finds that much of the lawsuit is a SLAPP.

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Defendant Court Litigator Litigation 105

Eric Goldman

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” To get around Section 230, the plaintiffs attempted the Lemmon v.

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Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

FEBRUARY 22, 2024

The court recaps past cases: the crux of the financial benefit inquiry is whether a causal relationship exists between the infringing activity and a financial benefit to the defendant. But in every case, the financial benefit to the defendant must flow directly from the third party’s acts of infringement to establish vicarious liability.

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Defendant Court Failure-to-appear Lawsuit 119

Eric Goldman

OCTOBER 6, 2024

Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. This seems like a great case for the court to issue a fee shift to Walmart given the trademark owner’s absolute failure to show any harm. Seriously, dude? Fire, ready, aim. Cites to Sen v.

Lawsuit 98

Lawsuit Court Failure-to-appear Defendant 98

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. § Doe claims she was sex-trafficked on Instagram. 230, forecloses Doe’s claim as currently pled, because she seeks to hold Meta liable for content created by her trafficker.”

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Lawsuit Criminal trial Court Failure-to-appear 88

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: 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? A: because they spend so much time in court proceedings).

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

JANUARY 26, 2024

The non-disparagement clause reads: “[a]t all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, or false or misleading statements with respect to the other Party.” Further, the disparagement agreement is not limited by common-law defamation requirements. * LEXIS 125429 (M.D.

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Defendant e-records Court Failure-to-appear 98

Eric Goldman

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Court Failure-to-appear e-discovery e-records 98

Eric Goldman

MARCH 11, 2025

Less distressing but equally true (if only marginally less dated a cultural reference) is that the Internet is for porn. While online services inevitably get used for both types of content, service providers tend to treat them very differently, given that adult pornography is generally legal in the U.S. whereas CSAM is illegal everywhere.

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Lawsuit Defendant Court Failure-to-appear 52

Eric Goldman

APRIL 17, 2025

For more on Chase’s tragedy, see the People magazine story or the Social Media Victims Law Center’s press release about the lawsuit. TikTok defended on Section 230 grounds. Accordingly, plaintiffs seek to hold defendants liable for its exercise of a publisher’s traditional editorial functions. Bytedance Ltd.,

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Lawsuit Defendant Failure-to-appear Court 64

Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. Doe met each man in person and was sexually assaulted and raped. Three of the men are in jail; one is on the lam. Doe sued Grindr for strict products liability, negligence, and FOSTA. The district court dismissed the case.

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Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

DECEMBER 29, 2023

Even though the legal system punished the wrongdoers, the lawsuits continue. Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content.

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Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

OCTOBER 27, 2024

“several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” The Terms only state that Defendant may take certain actions in response to harmful conduct or violating content.” Google , Ebeid v.

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Lawsuit Failure-to-appear Defendant Court 102

Eric Goldman

APRIL 1, 2025

This lawsuit is against IRBsearch, a data aggregator of public records and other material allegedly scraped from the web. “Defendant’s website falls within the broad sweep” of ICS. Defendant is not the developer of the content at issue. The plaintiff literally described the defendant as publishing the report.

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Defendant Bankruptcy Failure-to-appear Court 59

Eric Goldman

OCTOBER 13, 2024

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. For more background on this issue, see this rrcap and the links at the bottom of this post. My post on a pre-pandemic district court ruling in this case. As usual, a key non-litigant is Rightscorp, which sent 1.3M

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Court Failure-to-appear Defendant Lawsuit 98

Eric Goldman

SEPTEMBER 27, 2024

9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. Given the tenor of these opinions, how are any plaintiffs NOT getting around Section 230 at this point? District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C. Superior Ct. Like other cases in this genre, it goes poorly for Facebook.

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Court Lawsuit Judge Defendant 105

Berkley Technology Law Journal

OCTOBER 3, 2023

In her new book, The Fight for Privacy , Danielle Keats Citron argues that failure to adequately protect digital privacy could have a chilling effect on the public’s ability to exercise their first amendment rights to free expression. Conference of Catholic Bishops. How did The Pillar obtain this sensitive information?

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Failure-to-appear Court Defendant Federal law 130

Eric Goldman

MARCH 27, 2025

The panel says wearily that “This action is Loomers fourth lawsuit about this alleged conspiracy” but sidesteps the obvious res judicata problem. All of those prior lawsuits failed, and this one does too, in a perfunctory memo opinion. It’s hardly surprising that Loomer lost this lawsuit.

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Lawsuit Failure-to-appear Court Defendant 52

Eric Goldman

DECEMBER 11, 2024

[This blog post covers two decisions in the same lawsuit: the ruling on X’s initial motion to dismiss from September, which apparently never triggered my Westlaw or Lexis alerts, and then a ruling on X’s motion to dismiss the amended complaint that the court issued this week. ICS Provider. Third-Party Content.

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Lawsuit Court Failure-to-appear Intellectual Property 52

Eric Goldman

JULY 16, 2023

But the failure to prevent unlawful conduct is alone insufficient to state a claim for aiding and abetting. Armslist publishes users’ classified ads for guns. Two estates sued Armslist for allegedly facilitating illegal gun sales that led to murders. My blog post on the district court rulings. In this case, the answer is no.

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Lawsuit Court Failure-to-appear Judge 98

Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff.

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Defendant Lawsuit Failure-to-appear Court 117