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.

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Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of 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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Legal Tech Monitor

NOVEMBER 21, 2023

In March, the Illinois law firm, MillerKing brought the putative class action against DoNotPay on behalf of “all law firms in the United States,” alleging false association and false advertising under the federal Lanham Act and Illinois state law. District Chief Judge Nancy Rosenstengel.

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Eric Goldman

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago.

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Legal Expert Connections

DECEMBER 1, 2018

District Judge forced a law firm to reveal its referral fee arrangement in a recent prominent case, many legal experts are suggesting the industry may be at a tipping point where class action firms could be required to more fully disclose the distribution of their fees. After one U.S. Upon this discovery, a U.S.

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Joshua Gilliland

JANUARY 12, 2016

Then there are the judges who work in a good Star Wars reference in an opinion. Judge Richard Jones must have felt he was dealing with a phantom menace of discovery disputes, because most of the issues in the case could have been solved if the parties actually had a meaningful a meet and confer. This case has both. Cedar Grove, at *5.

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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).

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LawSites

SEPTEMBER 21, 2021

The legal analytics platform Lex Machina , which is owned by LexisNexis, has added a module for litigation involving claims under the Americans with Disabilities Act, as well as claims under related state laws. .

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Eric Goldman

DECEMBER 16, 2024

” A reminder that Section 230 cases often require the judges to apply the immunity to tragic facts. Yet, its wording was cumbersome enough that plaintiffs have nevertheless sought to overturn that modification–and have gotten some district court judges to agree along the way. raise the scienter bar.

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Eric Goldman

MAY 5, 2023

We’re still working through the first wave of litigation testing Congress’ poor handiwork. Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. As you know, FOSTA was a poorly drafted statute with terrible policy outcomes. Last October , in Doe v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.

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Eric Goldman

DECEMBER 15, 2023

Mindgeek litigation, the court certified a class of CSAM victims suing Mindgeek for “knowingly” disseminating videos of them. Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Despite that, I’m sure the plaintiffs will appeal this ruling back to the Ninth Circuit. Case Citation : Doe v. Twitter, Inc.

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Eric Goldman

MAY 2, 2024

Snap litigation. Tertiary liability is a doctrine too far for this judge, even after all of the plaintiff-favorable inferences made along the way. Then again, the plaintiffs have the ability to amend the complaint, so maybe they can recharacterize Salesforce’s omniscience enough to satisfy this judge.

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Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case.

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Debevoise Data Blog

JANUARY 14, 2022

5] In a motion passing 3-2 on a party-line vote, the Democratic commissioners removed the Chief Administrative Law Judge (the “ALJ”) from the role of Presiding Officer in Magnuson-Moss rulemaking; Chair Khan or her designee will instead assume the role of Presiding Officer, giving Chair Khan even greater control over future rulemaking efforts. [6]

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Justia Legal Marketing & Technology blog

JANUARY 20, 2023

Some of them contain 50-state surveys that track variations in state laws on a key issue. Family Law Matters involving domestic relations tend to have high stakes, financially and emotionally. A patent owner can enforce their rights by pursuing patent infringement litigation.

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Eric Goldman

NOVEMBER 27, 2024

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. That’s a litigation strategy, I guess. But the plaintiffs found a judge who gave them enough benefit of the doubt to survive a motion to dismiss.

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Eric Goldman

JANUARY 11, 2025

14, 2024) A magistrate judge recommends sending a 512(f) case to trial. The court summarizes the facts: The two videos at issue comprise excerpts from Lakeway City Council meetings and a presentation Kilgore gave as mayor to Lakeway residents, sitting at a desk in front of United States and Texas flags. Kilgore , 2024 WL 5295080 (W.D.

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3 Geeks and a Law Blog

JUNE 28, 2023

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. Regulations, laws and advanced detection technology are still lacking but urgently needed. Are Judges, Juries and Lawyers Ready?

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Eric Goldman

FEBRUARY 8, 2025

In November 2024, a magistrate judge dismissed the plaintiff’s claims against OnlyFans on Section 230 grounds. The plaintiff objected to the magistrate’s R&R, but the supervising judge rejects the objections. Unsurprisingly, this judge thinks the Anderson v. The plaintiff brought a FOSTA lawsuit. Prior blog post.

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Legal Tech Monitor

JUNE 28, 2023

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. Regulations, laws and advanced detection technology are still lacking but urgently needed. Are Judges, Juries and Lawyers Ready?

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Eric Goldman

APRIL 3, 2025

Without Section 230, and in the face of a tsunami of new state laws imposing onerous obligations on UGC sites, I will be burdened with increasing legal risks and obligations for allowing readers to comment. What will Internet Law look like in 10 years? I also am a UGC site in that I permit readers to post comments.

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Lawsuit Court Law Law 52

Eric Goldman

NOVEMBER 10, 2024

It’s my position that Section 230 equally applies to non-US plaintiffs and defendants if they are litigating in US courts. (If If they are suing internationally, then the SPEECH Act may restrict plaintiffs’ ability to import judgments to the US that would have conflicted with Section 230 if litigated in the US).

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Eric Goldman

DECEMBER 23, 2024

Note: Backpage shut down April 2018, but Backpage-related litigation continues into 2025 and beyond]. In light of the strong hostility to Section 23o among the Fifth Circuit judges, every Section 230 case that reaches the Fifth Circuit is likely to be a jurisprudential roller-coaster. Note: the opinion was written by Trump 1.0-appointed

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