Eric Goldman

NOVEMBER 27, 2024

That’s a litigation strategy, I guess. 25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. 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. ” Case Citation : Ramos v.

Defendant 77

Defendant Law Law Court 77

Eric Goldman

NOVEMBER 25, 2024

Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. If these justifications sound familiar, it’s because these are the generic rotely-made defendant-unspecific allegations that are copied and pasted into most SAD Scheme complaints. Seriously, Toyota? Do better).

Defendant 52

Defendant Judge Court Lawsuit 52

Liquid Litigation Management, Inc.

SEPTEMBER 25, 2018

While it is common to hear about large corporate defendants being sanctioned in huge products liability cases for not properly disclosing information, an individual plaintiff being sanctioned for the same offense is far less common. She is a sophisticated plaintiff, and she is a representative plaintiff in this litigation.

Defendant 52

Defendant Litigation Litigator Judge 52

Eric Goldman

NOVEMBER 16, 2024

The defendant, Kalita Mukul Creative, ran community-focused newsletters. The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). Defendant’s financial benefit.

Court 102

Court Defendant Failure-to-appear Litigator 102

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. Schedule A Defendants Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v.

Defendant 111

Defendant Judge Failure-to-appear Court 111

Eric Goldman

FEBRUARY 11, 2024

A liberal interpretation of the Copyright Act, therefore, could open the floodgates to endless litigation. This is especially salient because many potential defendants could decline to answer because the cost of litigation would likely outweigh the mandatory statutory damages amount. All excellent points.

Defendant 115

Defendant Court Litigator Litigation 115

Eric Goldman

JUNE 8, 2024

In 2014, the defendant launched a website called “The Texas Tamales Warehouse” but was driven off of that. ” That prompted this litigation. .'” ” That prompted this litigation. Normally, in a situation like this, I ask the question: “Who owns the right to the name ‘Texas Tamale’?”

Lawsuit 129

Lawsuit Defendant Court Litigator 129

Eric Goldman

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. One defendant fought back.

Court 133

Court Defendant Judge Lawsuit 133

Eric Goldman

DECEMBER 30, 2023

For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Normally, SAD Scheme rightsowners don’t sue online marketplaces because that brings in well-funded and highly motivated defendants who will jack up the litigation costs substantially.

Defendant 98

Defendant e-discovery Lawsuit Court 98

Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 105

Eric Goldman

MAY 18, 2023

” [FN: the factors are: (1) “the nature of the act assisted,” (2) the “amount of assistance” provided, (3) whether the defendant was “present at the time” of the principal tort, (4) the defendant’s “relation to the tortious actor,” (5) the “defendant’s state of mind,” and (6) the “duration of the assistance” given.

Defendant 142

Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

SEPTEMBER 29, 2024

The defendants sought to overturn the jury verdict. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” This was evident with Defendants’ “Create-A-Superstar” feature which enabled a user to take the tattoos and apply them to their own custom wrestler avatar. ” Really?

Defendant 116

Defendant Intellectual Property Court Judge 116

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory.

Defendant 111

Defendant Judge Court Litigator 111

Eric Goldman

FEBRUARY 18, 2024

Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated. .”

Judge 111

Judge Defendant e-records Court 111

The North Carolina Journey of Law and Technology

FEBRUARY 19, 2024

Understanding Litigation Finance Litigation finance is when a third-party invests in a lawsuit in hopes of sharing in the profits of a successful verdict. litigation finance companies exist. billion in capital to litigation matters. billion in capital to litigation matters.

Litigator 52

Litigator Litigation Machine learning Court 52

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). Plaintiffs allege hundreds of defendants are infringing their trademarks and selling counterfeit goods. For a fuller description of the litigation genre and its problems, see my paper.

Court 98

Court Defendant Judge Litigator 98

Eric Goldman

JANUARY 11, 2024

On appeal, the Ninth Circuit finds that the district court didn’t make any reversible errors–except that the pro se litigant should get another chance to amend the complaint, even though it’s pretty clear that it’s doomed, which sounds like everyone gets to do more work before arriving at the inevitable denouement/status quo.

Defendant 98

Defendant Court Litigator Litigation 98

Trial Technology

SEPTEMBER 23, 2016

It’s sort of like the “ CSI Effect ,” where jurors have come to expect some serious technology used in the courtroom to convict or acquit a defendant. defendant or plaintiff) might foot the bill, but how on earth would they ever find such a consultant, were it not for the representing law firm? The party (e.g.,

Trial presentation 130

Trial presentation Defendant Attorney Court 130

Discovery Advocate

JANUARY 16, 2024

It is crucial for litigators to carefully consider the terms of an ESI protocol when drafting and before agreeing to it. There are valuable insights to be gained from the case of In re StubHub Refund Litigation , 2023 WL 3092972 (N.D. In StubHub , the parties agreed to produce hyperlinked documents as attachments in the ESI protocol.

Litigator 59

Litigator Litigation Defendant Court 59

MatterSuite

MARCH 14, 2024

Whether you are a business person dealing with contractual disputes or an individual who has been injured by a defective product, the high cost of litigation– attorney fees –can quickly prevent you from seeking legal redress. This is where litigation finance (also known as litigation funding or legal financing) comes in.

Litigator 52

Litigator Litigation Lawsuit Defendant 52

Eric Goldman

JULY 30, 2024

“Plaintiff does not allege any facts indicating that Defendant was contractually prohibited from removing her Google account.” “Defendant Google is a private business, not a state actor.” The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. ” Fraud.

Defendant 107

Defendant Lawsuit Court Litigator 107

Eric Goldman

APRIL 21, 2024

I can’t easily track the state court litigation, but the federal litigation is a sight to behold. Case Citation : In re Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , No. However, life intervened, and my massive blog post got stuck in draft mode. 4:22-md-03047-YGR (N.D.

Litigation 105

Litigation Litigator Court Defendant 105

Eric Goldman

OCTOBER 23, 2023

It is theoretically possible that bounty-based private litigation is the best way to enforce a law, but in practice those situations are rare or non-existent. The costs of defending those lawsuits is a financial punishment with censorial consequences, even if the defendant never violated the law.

Defendant 98

Defendant Time-tracking Court Litigation 98

Attorney at Work

NOVEMBER 15, 2021

The pace of litigation is dizzying. Trellis Research , for example, has already mined trial court records across multiple states, taking all the content that goes into civil litigation (petitions, motions, rulings) and restructuring it so that it can be made searchable by a Google-like algorithm. But things are starting to change.

Analytics 104

Analytics Judge Litigation Litigator 104

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.

Court 123

Court Litigation Litigator Defendant 123

Eric Goldman

DECEMBER 5, 2023

A signature feature of SAD Scheme cases is that rightsowners typically try to seal defendants’ identities. But sealing defendants’ identities directly conflicts with courtroom transparency, a foundational principle essential for trust in our judicial system. Those defendants never reach the default judgment stage.

Judge 98

Judge Defendant Court Litigator 98

Eric Goldman

JUNE 14, 2024

It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. 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.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

OCTOBER 17, 2023

The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The court says the defendants waived any fair use defense by briefing it inadequately. For unexplained reasons, it does not appear that the defendants are invoking the 512 defense.

Defendant 115

Defendant Failure-to-appear Court Law 115

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

Litigator 52

Litigator Litigation Dispute resolution Criminal trial 52

Technically Legal

MAY 9, 2024

Studies determined that at least one litigant does not have a lawyer in 75% of civil cases in the United States. After law school continued her career helping the underserved, including work for Legal Aid Services of Oregon and work as a public defender. But organizations like Oregon’s Commons Law Center are doing something about it.

Estate planning 111

Estate planning Law firm Law Law 111

Eric Goldman

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. That said, few scraping-related cases pursue these issues past the first few stages of litigation.

Defendant 126

Defendant Court Failure-to-appear Litigator 126

Eric Goldman

OCTOBER 28, 2023

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). The parties are already in litigation. The generic manufacturer is already under a litigation hold. Violating that hold will lead to adverse consequences in the litigation as well as possible criminal punishment.

Defendant 98

Defendant Court Litigation Litigator 98

Eric Goldman

MAY 22, 2023

On the question of actual confusion, the defendant’s log of inbound phone calls is the key piece of evidence: Defendants maintained call logs for four years which show that callers to Defendants’ phone number mentioned Lerner & Rowe 236 times. Regal * Another Competitive Keyword Advertising Lawsuit Fails–Infogroup v.

Lawsuit 111

Lawsuit Defendant Court Lawyer 111

Eric Goldman

JULY 14, 2023

You’d think that if that claim is your strongest/only claim, you’d go ahead and give up, but I’m not a litigator so what do I know? The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube.

Lawsuit 98

Lawsuit Court Machine learning Defendant 98

Eric Goldman

JULY 26, 2023

for now…) CFAA claims Chegg brought a CFAA claim against the defendant because: 1) its data is behind a log-in screen; 2) Chegg thinks that the defendant got the data while using a free trial; and 3) the defendant is still using the data to undermine Chegg’s core business after getting the cease-and-desist letter.

Defendant 98

Defendant Intellectual Property Court Judge 98

Eric Goldman

JUNE 23, 2023

Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. The court says the issue of standing to challenge 230’s constitutionality was already litigated and decisively resolved in AFDI v. Freedom Def. Initiative v.

Lawsuit 110

Lawsuit Defendant Court Litigator 110

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

A lawsuit usually starts with a complaint , which the plaintiff files with the court and serves on the defendant. In the complaint, the plaintiff explains the basis for their claim and the remedy that they are seeking, such as money or an order to tell the defendant to do or not do something.

Lawyer 94

Lawyer Mediator Lawsuit Defendant 94