Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. Judge Breyer of the Northern District of California had none of it. As a result, the court finds that much of the lawsuit is a SLAPP. Nominally, Twitter brought this lawsuit to rehabilitate its reputation by undermining CCDH.

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Defendant Court Litigation Litigator 105

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.” Readers’ most common reaction to the paper is outrage/anger about how the system is being gamed in a way that undermines judicial integrity–in some cases, with the judges’ help.

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Intellectual Property Lawsuit Defendant Judge 105

Eric Goldman

AUGUST 20, 2023

We used to see lawsuits like this 15+ years ago, but we don’t see them any more because they are so obviously doomed by Section 230. If I were a judge, I would sanction that argument harshly. Either way, looping Facebo0k into this litigation was a terrible decision. Whoa, what a flashback. ” The court is confused.

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Lawsuit Court Judge Litigator 98

Eric Goldman

JANUARY 4, 2024

After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. In other words, the plaintiff can completely abuse their litigation but get more chances. Then, the case fell apart. That’s unacceptable.

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Defendant Judge Lawsuit e-filing 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.

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Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

DECEMBER 4, 2023

In the lawsuit I’m covering today, Roblox named over 250 defendants. I bet most of Roblox’s lawsuit would unravel if the judge simply asked Roblox the obvious follow-up question, i.e., “what evidence do you have for each of the other 250 defendants that they sold infringing items in Illinois? Seriously, Roblox?

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Defendant Judge Lawsuit Court 116

Attorney at Work

NOVEMBER 15, 2021

The pace of litigation is dizzying. The path of every single lawsuit is filled with multiple inflection points, moments where attorneys have to make decisions about how the future is likely to unfold. It all starts with a judge dashboard. But things are starting to change. This has been a difficult and expensive process.

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Analytics Judge Litigation Litigator 104

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. His lawsuit against Facebook was dashed by Section 230 in the district court. The judge’s response might be characterized as: WTF = What The Fyk? That is the problem.

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Lawsuit Defendant Court Litigator 110

Eric Goldman

MARCH 8, 2024

This includes the rules as set by rightsowners in ex parte proceedings, which can deviate widely from standard doctrine–it’s whatever the rightsowners can get the judges to agree to–and the rules set by third-party intermediaries, such as online marketplaces. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v.

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Defendant Judge Failure-to-appear Court 111

LawSites

JANUARY 26, 2022

A new product uses historical data, artificial intelligence and predictive analytics to value cases and predict outcomes in automobile warranty litigation, with the goal of helping manufacturers resolve Lemon Law and warranty claims more accurately, more quickly, and at lower cost. ” said Siva of FelixHealthcare.ai.

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Analytics Litigation Litigator Case management 75

Legal Tech Blog

JANUARY 11, 2023

Pre/Dicta , claiming itself the only litigation analytics platform that makes predictions about the outcome of federal lawsuits, announced the acquisition of Gavelytics, a pioneering judicial analytics platform for state court cases. This deal is a major milestone for Pre/Dicta and the entire field of predictive litigation analytics.

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Analytics Litigation Litigator Lawsuit 52

Eric Goldman

NOVEMBER 25, 2024

Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. As I recently mentioned , Judge Daniel is calling out overreaching joinder allegations in SAD Scheme cases. Judge Daniel responds unambiguously: “None of these arguments are persuasive.” Do better).

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Defendant Judge Court Lawsuit 52

Eric Goldman

FEBRUARY 1, 2024

There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). ” We might expect the judge to push on these vague and conclusory allegations and demand specifics. Instead, the judge accepts these allegations as good enough to survive the motion to dismiss.

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Time-tracking Judge Law Law 119

Eric Goldman

SEPTEMBER 26, 2024

In my previous post , I summarized: This lawsuit involves troubling allegations that Facebook executives ( allegedly , Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. This is quintessential Judge Alsup.

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Court Judge Defendant Hearing 111

CaseFox

MARCH 23, 2023

Filing a Lawsuit: If a settlement cannot be attained through negotiation, your attorney may recommend filing a lawsuit. The litigation process can be lengthy and expensive, but your attorney will guide you through each step. The litigation process can be lengthy and expensive, but your attorney will guide you through each step.

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Lawsuit Judge Attorney Litigator 97

Eric Goldman

JULY 10, 2024

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. After 8 years of litigation, the case ends on essentially a procedural technicality (an important one, but still…). Two of those cases, Gonzalez v.

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Lawsuit e-filing Court Judge 98

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

LawSites

JANUARY 11, 2023

Last June, the seven-year-old litigation analytics company Gavelytics shut down, seemingly overnight, with founder and CEO Rick Merrill announcing the news by an email on June 29 that he “recently made the difficult decision to close Gavelytics effective June 30,” as I reported at the time. .

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Analytics Litigation Litigator Judge 81

Legal Tech Monitor

FEBRUARY 29, 2024

We’re trying to solve a longstanding problem in the legal field, and that is that judges only write judicial opinions for 3% of rulings,” Ovbiagele said. “So They tell you what judges have done, but they don’t tell you why judges did what they did. What we offer are explanatory insights into judges’ rulings.” 31, 2021.

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Judge Legal tech Legal tech Lawsuit 52

CaseFox

OCTOBER 26, 2023

This blog explores different alternative dispute resolution processes and methods, such as mediation, arbitration, and litigation. In some cases, the ADR process is used along with the litigation process. There are a few different types of alternative dispute resolution, such as mediation, arbitration, and litigation.

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Mediator Dispute resolution Litigation Litigator 52

Joshua Gilliland

JANUARY 7, 2016

The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. The Court found that the City’s litigation hold was both late and ineffective.

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Litigation Litigator e-discovery e-filing 52

CaseFox

OCTOBER 26, 2023

This blog explores different alternative dispute resolution processes and methods, such as mediation, arbitration, and litigation. In some cases, the ADR process is used along with the litigation process. There are a few different types of alternative dispute resolution, such as mediation, arbitration, and litigation.

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Mediator Dispute resolution Litigation Litigator 52

LawSites

FEBRUARY 22, 2023

The law firm Akin Gump Strauss Hauer & Feld has lost its bid to dismiss four of five counterclaims filed by the legal technology company Xcential Legislative Technologies in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea. Superior Court Judge Juliet J. McKenna disagreed.

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Software Legal tech Legal tech Judge 98

Eric Goldman

SEPTEMBER 18, 2023

Note: the judge also approved a different order that I can’t find. Note: the case was embargoed for some time to resolve redactions, but the judge approved it.] More Posts About Keyword Advertising * Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. July 27, 2023). LoanStreet v. Greenberg v.

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Lawsuit Defendant Court Judge 98

Eric Goldman

JANUARY 8, 2024

” However, not all questions are worth asking, and the judge responds to this motion as if the trademark owner is the backseat passenger asking “are we there yet?” Adler v McNeil * Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. ” for the 16th time. LoanStreet v. Greenberg v.

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Lawsuit Court Lawyer Litigator 98

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

The trial judge refused to allow O’Toole to testify because the attorney-client privilege covered the confession, and the privilege was not waived. Stages of a Lawsuit Even if they are working with an attorney, someone considering a lawsuit (or already involved in a lawsuit) may want to know about how the court process unfolds.

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Lawyer Mediator Lawsuit Defendant 94

LawSites

DECEMBER 21, 2021

Fourteen years ago this week, a federal judge in Seattle dismissed the class action complain t filed by two lawyers seeking to shut down the lawyer-rating site Avvo, which had launched five months earlier. District Judge Robert S. But just five months later, Judge Lasnik dismissed the lawsuit.

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Judge Legal tech Legal tech Lawsuit 52

LawSites

DECEMBER 21, 2021

Fourteen years ago this week, a federal judge in Seattle dismissed the class action complain t filed by two lawyers seeking to shut down the lawyer-rating site Avvo, which had launched five months earlier. District Judge Robert S. But just five months later, Judge Lasnik dismissed the lawsuit.

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Judge Legal tech Legal tech Lawsuit 52

Eric Goldman

SEPTEMBER 10, 2023

Fearing overseas defendants will abscond with ill-gotten gains if served with a lawsuit, plaintiffs seek an ex parte temporary restraining order (“TRO”) to freeze funds held by online merchants, then follow up with a request for a preliminary injunction. For a fuller description of the litigation genre and its problems, see my paper.

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Court Defendant Judge Litigator 98

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. This is an unusual move.

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Defendant e-discovery Lawsuit Court 98

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. Understanding the key differences between these two types of lawsuits could be extremely helpful if you ever find yourself in a difficult circumstance.

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Litigation Litigator Dispute resolution Criminal trial 52

Eric Goldman

OCTOBER 5, 2023

Instead, as with hundreds of other Emojico defendants, the judge in this case issued an ex parte restraining order against the merchant, prompting Amazon to freeze the merchant’s account and cash. Instead, the court orders the merchant to answer the complaint and proceed with the litigation.

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Court Defendant Judge Lawsuit 133

Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] Only time (and further litigation) will truly tell how liability will apply to ventures like Cruise.

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Lawsuit Judge Court Failure-to-appear 52

Eric Goldman

DECEMBER 8, 2023

Indeed, they are already filing lawsuits despite the pending Supreme Court appeal hanging over the law. Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. But surprise! The plaintiffs may have to sue in California if the law survives Constitutional scrutiny.

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Court Law Law Litigator 98

Eric Goldman

JULY 29, 2023

The judge doesn’t respond well to this standard #MAGA talking point: Davis’s argument against transfer centers on his plainly partisan speculation that he will receive a less favorable outcome if this case proceeds before a judge appointed by a president with viewpoints that differ from his own.

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Judge Court Litigator Litigation 98

3 Geeks and a Law Blog

FEBRUARY 8, 2023

This week we have Damien Riehl , VP, Litigation Workflow and Analytics Content at FastCase, and one of the drivers behind SALI (Standards Advancement for for the Legal Industry.) Damien is the Vice-President of Litigation Workflow and Analytics content and part of the leadership at SALI. And then I litigate the patent.

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Litigator Litigation Time-tracking Law firm 243

Eric Goldman

APRIL 3, 2023

During oral argument in Jack Daniel’s , some Justices expressed concern about the “artistic relevance” prong of the Rogers test—which might require courts to judge whether something is art—while others noted that “explicitly” does not appear in the infringement statute. The expense of litigation may chill speech.

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Defendant Judge Court Litigator 116