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Justia Legal Resources: Banking and Finance Law Center

Justia Legal Marketing & Technology blog

If they can prove that the defendant acted negligently , an investor may recover damages for their losses. This generally means that the defendant breached a duty that they owed to the investor, which caused them to lose money or miss out on profits. Other federal laws regulate mortgage lending when a consumer purchases a home.

Law 94
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Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor

Eric Goldman

The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Massachusetts’ anti-SLAPP law is old-school and narrow, so Nextdoor didn’t have the option to invoke anti-SLAPP protection. ” The court cites Force v. Massachusetts should fix that.

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It Turns Out You Can’t “Sue the CDA”–Fyk v. US

Eric Goldman

Fyk’s alleged injury has no connection whatsoever to any conduct by the United States, the only defendant in this lawsuit. That the CDA is a federal law does not mean Mr. Fyk can bring a claim against the United States government; preventing such a flood of lawsuits is at the core of standing doctrine. That is the problem.

Lawsuit 88
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Unlikely Careers for Lawyers

Legal Talk Network

JAG Lawyer A Judge Advocate General is a unique opportunity for those who want to defend their country in court. These individuals will have the opportunity to take on significant responsibility, further their education in various legal specialties, and gain experience working around the world to uphold justice for those who defend it.

Lawyer 111
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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Eric Goldman

When Meta sued Bright Data for breaching Facebook’s and Instagram’s ToS, the defendant successfully argued that since the scraping occurred without logging into its platforms’ accounts, it did not constitute “use” of the platform and thus did not breach the ToS. If a contract does that, it should not be enforceable as a matter of federal law.

Judge 129
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Online Marketplace Defeats Lawsuit Over Murder–Roland v. Letgo

Eric Goldman

It said 230 was not available to Letgo because, per Accusearch , “Plaintiffs have sufficiently pleaded, for a motion under Rule 12(b)(6), that Defendants contributed in part to the allegedly offending ‘verified’ representation.” That was an obviously problematic conclusion.

Lawsuit 104
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Justia Legal Resources: Foreclosure Law Center

Justia Legal Marketing & Technology blog

Unless applicable laws or the terms of the mortgage provide a right to reinstatement, a lender does not need to permit reinstatement, but they may find this solution simpler than foreclosure. Under federal law, a tenant generally can stay until the lease ends even if their landlord loses ownership of the property.

Law 79