CaseFox

APRIL 13, 2023

In order to win a personal injury case, the plaintiff must provide sufficient evidence to prove that the defendant was negligent or intentionally caused the injury. If there is not enough evidence to prove the defendant’s liability, the case is unlikely to succeed. Personal injury claims can be complex and difficult to win.

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Eric Goldman

AUGUST 27, 2024

Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” ” The plaintiffs claim that AWS “possesses” the biometric data but does not comply with the necessary steps under BIPA. .”

Lawsuit 98

Lawsuit Defendant Court State law 98

Eric Goldman

MARCH 4, 2023

Section 230 Ripoff Report claimed that removal was justified because Section 230 completely preempted the state law claims. As such, there was no objectively reasonable basis for Defendant’s to remove the case based on complete preemption by the CDA. Cites to Zeran v. AOL (the district court opinion!)

State law 97

State law Court Defendant Lawsuit 97

Eric Goldman

MAY 17, 2024

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. 301(a) , which preempts state laws “equivalent” to copyright.

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Judge State law Court Federal law 130

Eric Goldman

JULY 1, 2024

Unfortunately, the Supreme Court’s delay in definitively resolving this case will leave a vacuum for reviewing many other pending and imminent constitutional challenges to state laws. I will have a more complete analysis of the cases soon. The post Statement on the Supreme Court’s Ruling in Moody v.

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Court Defendant Lawsuit State law 115

Eric Goldman

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. This case is about punishing the Defendants for their speech. This case represents the latter circumstance.

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Court Litigator Litigation Defendant 123

Eric Goldman

SEPTEMBER 26, 2024

This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants. Again, the judge gave ample opportunities to plaintiffs’ counsel to prove up this claim. Again, plaintiffs’ counsel failed to find any poof. This is quintessential Judge Alsup.

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Court Judge Defendant Hearing 111

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.

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Time-tracking Court Defendant Case predictions 105

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 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.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

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.

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Defendant Court State law Lawsuit 75

Eric Goldman

AUGUST 4, 2024

Implications Section 230 plays an important role in curbing excessive state laws, but only when it applies to third-party content. The structural goal of Utah’s law is to suppress the publication of third-party content, but it never expressly says so. Case Citation : NetChoice LLC v. Reyes , 2024 WL 3510919 (D.

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Court Defendant Judge State law 98

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.

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Lawsuit Machine learning Court Defendant 111

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. Spoiler: Not Well) * Another Section 512(f) Case Fails–ISE v.

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

AUGUST 22, 2023

copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Nonetheless, Thaler’s lawyer has stated that they plan to appeal.

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Court Defendant State law Software 98

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.

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Judge Court Defendant State law 98

Eric Goldman

FEBRUARY 21, 2025

The TRO language doesn’t purport to apply to YouTube, nor could it unless YouTube had also been named a defendant. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v.

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Intellectual Property Court Hearing State law 40

Martindale-Avvo

SEPTEMBER 8, 2023

There are state laws that dictate avoiding “unnecessary delay,” leaving the defendant in jail for a gratuitous amount of time before they ever see a judge. If the defendant is granted bail and can afford it, they get to go home. Say that your client is arrested for murder in late July or August.

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Criminal Defense Defendant Judge Attorney 59

Brett Trout

MAY 24, 2024

Whereas your freedom of speech is protected by the Constitution, your right of publicity is protected by a mix of different state laws. Depending on which state you bring your right of publicity lawsuit, you may have a lot or only a little protection.

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Defendant Lawsuit Court State law 52

Discovery Advocate

JUNE 7, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Discovery Advocate

JUNE 8, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. However, even in the United States, other ways exist to scrutinize contracts over information goods. ML Genius v. Except, of course, that preemption was not raised as a defense in other recent cases.

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Court Litigator Litigation Case law 98

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

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CaseFox

DECEMBER 21, 2023

These conflicts frequently centre on things like property rights, contract violations, personal injury, and family law-related concerns. To seek retribution or compensation for perceived harm or wrongdoing, one party (the plaintiff) files a civil litigation lawsuit against another party (the defendant).

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The North Carolina Journey of Law and Technology

SEPTEMBER 21, 2023

Supporters of driverless vehicles vehemently defend the technology as “a leap forward that will keep San Francisco on the cutting edge of technology while helping more disabled people who are unable to drive to get around town and reducing the risks posed by drunk driving.”  ”  But are there laws governing their use?

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Defendant State law Court Attorney 52

3 Geeks and a Law Blog

JULY 11, 2023

Not all, I believe only one or two state laws in the US require it. But again, given the amount of law firms there are, and how important reputation is and goodwill is, you know, I do think that’s where that that comes into play. But it’s really a commercial decision.

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Law firm Time-tracking Due diligence Attorney 189

Debevoise Data Blog

JUNE 11, 2024

state law developments all reinforce the incentives for companies to adopt AI governance programs. Violations The Law does not create a private right of action; the Colorado Attorney General has exclusive enforcement authority. Moreover, violations are considered unfair trade practices under Colorado state law.

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Law Law Compliance Attorney 40

Debevoise Data Blog

OCTOBER 26, 2021

Companies could also implement processes to confirm that all issues that consumers raise are addressed and that resolutions are documented, so as to comply with the cure provisions of New York City’s facial recognition law. Preparing to defend class actions. Has the company obtained those individuals’ consent? Is that notice public?

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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.

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Law Law Court Time-tracking 52

Legal Tech Monitor

JULY 11, 2023

Not all, I believe only one or two state laws in the US require it. But again, given the amount of law firms there are, and how important reputation is and goodwill is, you know, I do think that’s where that that comes into play. But it’s really a commercial decision.

Law firm 52

Law firm Time-tracking Due diligence Attorney 52

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.” ” Third-Party Content. ” Application.

Failure-to-appear 118

Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. 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. ” * Doe v.

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Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

JULY 26, 2024

The 9th Circuit held that some foreign defendants were subject to jurisdiction. On remand, the court dismisses the remaining defendants primarily due to Section 230, with leave to amend. They then uploaded the videos (“Videos”) to adult websites operated by two of the defendants, i.e., WebGroup Czech Republic, a.s.

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Defendant Lawsuit Court Hearing 98

Eric Goldman

DECEMBER 16, 2024

MG Freesites because the defendant in that case hosted the video and allegedly exercised other content moderation steps around it. FOSTA The plaintiff invoked the FOSTA exception to Section 230, which required the court to decide if plaintiffs to show the defendant had the higher scienter required by 1591 or the lower scienter of 1595.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

MAY 5, 2023

May 3, 2023) More SESTA/FOSTA-Related Posts * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. Per Reddit, the panel said yes to Q1 and no to Q2.

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Lawsuit Defendant Court e-filing 111

Eric Goldman

MAY 2, 2024

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. The plaintiffs also invoked FOSTA.

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Lawsuit Defendant Court Judge 96

Eric Goldman

DECEMBER 15, 2023

Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

JULY 23, 2023

Thus, this rhetorical move doesn’t help defendants identify what conduct is clearly legal. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Omegle * Section 230 Helps Craigslist Defeat Sex Trafficking Case–LH v.

Lawsuit 97

Lawsuit Court Defendant Hearing 97