Eric Goldman

NOVEMBER 2, 2023

The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Even pro se litigants typically recognize these cases are doomed and rarely file them any more. ” The court cites Force v. Facebook , but it could have cited to any of literally hundreds of cases.

Failure-to-appear 88

Failure-to-appear Defendant Federal law Lawsuit 88

Eric Goldman

SEPTEMBER 15, 2024

July 23, 2024): the defendants allegedly falsely targeted 117k items through its copyright webform, which Google delisted based on these false premises. Google sued for equitable relief; the defendants defaulted; and the court grants an injunction against further false submittals. 27, 2024) BONUS: Google LLC v.

Time-tracking 93

Time-tracking Court Defendant Case predictions 93

Eric Goldman

NOVEMBER 30, 2023

March 23, 2023) Plaintiff provides no argument or supporting legal authority suggesting that a Defendant who files a counter-notice pursuant to 17 U.S.C. § And, emailing the Summons and Complaint to a defendant does not satisfy Rule 4’s requirements for proper service. 512(g)(3)(D) waives formal service of process requirements.

Defendant 70

Defendant Court State law Lawsuit 70

Eric Goldman

FEBRUARY 7, 2024

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

Lawsuit Machine learning Court Defendant 104

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. ML Genius v. This leaves us with a rather deep split of authorities.

Court 96

Court Litigator Litigation Case law 96

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

This allows a large number of consumers who have suffered the same type of harm caused by the same defendant to pursue their claims as a group. Class actions must meet certain requirements under federal or state procedural rules. In some cases, a consumer might resort to alternative dispute resolution , rather than litigation.

Mediator 71

Mediator Dispute resolution Law Law 71

Eric Goldman

APRIL 29, 2023

In addition, although the takedown notices state that the company contacting Defendants, Appdetex, is Yuga’s DMCA Agent, it does not state that the notice is a DMCA notice. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

Court 103

Court Failure-to-appear Lawsuit State law 103

Eric Goldman

DECEMBER 13, 2023

It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Judge 87

Judge Court Defendant State law 87

Joshua Gilliland

JANUARY 12, 2016

Judge Jones explained that the Plaintiff’s effort to confer with the Defendant over a discovery production could “hardly” be described as done in good faith to resolve issues. The Defendants offered three attorney declarations that recounted the call, which the Plaintiff’s attorney did not dispute. Cedar Grove, at *6. Clapper, 804 F.3d

Defendant 52

Defendant Judge Court Legal advice 52

Debevoise Data Blog

OCTOBER 26, 2021

Given its similarity to Illinois’s (BIPA), if the New York BPA is enacted, it would likely make New York home to a flurry of class action litigation. Unlike the Washington law, the proposed Massachusetts and New York bills contain no safe harbors for security uses. Preparing to defend class actions. Is that notice public?

Compliance 52

Compliance Federal law Data protection Machine learning 52

Debevoise Data Blog

OCTOBER 18, 2021

State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. As noted, currently, only Illinois, Washington, and Texas have laws at the state level that aim to expressly and comprehensively address biometric privacy. 2019 IL 123186, 129 N.E.3d million settlement. May 15, 2020).

Law 52

Law Law Court Time-tracking 52

Eric Goldman

MAY 5, 2023

We’re still working through the first wave of litigation testing Congress’ poor handiwork. May 3, 2023) More SESTA/FOSTA-Related Posts * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. As you know, FOSTA was a poorly drafted statute with terrible policy outcomes. Last October , in Doe v. Case citations : J.B.

Lawsuit 105

Lawsuit Defendant Court e-filing 105

Eric Goldman

DECEMBER 15, 2023

Mindgeek litigation, the court certified a class of CSAM victims suing Mindgeek for “knowingly” disseminating videos of them. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Case Citation : Doe v. Twitter, Inc.

Lawsuit 115

Lawsuit Court Defendant Hearing 115

Eric Goldman

MAY 2, 2024

Snap litigation. Section 230 says there can be only one defendant for those items of third-party content, and it isn’t the tertiary player Salesforce. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v.

Lawsuit 72

Lawsuit Defendant Court Judge 72

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.

Defendant 94

Defendant Lawsuit Failure-to-appear Court 94

Debevoise Data Blog

JANUARY 14, 2022

To establish individual liability, the FTC must show that the individual defendant participated directly in the illegal practices or had authority to control them. In order to bring an action under this provision, the FTC must establish that the defendant had actual or constructive knowledge ( e.,

Compliance 52

Compliance Court Litigator Litigation 52