Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

While federal law governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.

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Lawsuit Defendant Prosecutor Court 264

Eric Goldman

FEBRUARY 7, 2024

This lawsuit seeks to hold Letgo liable for the murders. Since we affirm the district court’s rulings on the state law claims, we need not resolve the federal law cross appeal.” 1, 2024) The post Online Marketplace Defeats Lawsuit Over Murder–Roland v. Negligence. Case Citation : Roland v. Letgo, Inc.

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Lawsuit Machine learning Court Defendant 111

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.” May 29, 2024) The post AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Case Citation : Mayhall v. Amazon Web Services Inc.,

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Lawsuit Defendant Court State law 98

Eric Goldman

JULY 13, 2023

State Law Claims. July 11, 2023) The post Reddit Defeats Lawsuit Over Removal of r/WallStreetBets Moderator’s Privileges–Rogozinski v. Reddit appeared first on Technology & Marketing Law Blog. Undisputed. Publisher/Speaker Claim. Case citation : Rogozinski v. Reddit, Inc. 2023 WL 4475581 (N.D.

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Lawsuit Court State law Law 98

Debevoise Data Blog

JANUARY 13, 2025

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. 6] Despite these challenges, plaintiffs are not slowing down, and new lawsuits were filed at a steady clip over the course of 2024.

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Litigator Litigation Intellectual Property Defendant 52

Eric Goldman

JULY 1, 2024

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess.

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Court Defendant Lawsuit State law 115

Kevin O'Keefe

JANUARY 25, 2023

I imagined I was an Iowa lawyer looking to develop a niche in agricultural law. I asked “What are good ideas for a niche legal blog on agriculture law in Iowa?” Overviews of Iowa’s state laws and regulations related to farming and agriculture, including those pertaining to zoning, land use, and conservation.

Estate planning 130

Estate planning Intellectual Property Lawyer Federal law 130

Eric Goldman

MARCH 4, 2023

He brought a state court class action lawsuit against Ripoff Report, alleging violations of CA B&P 17200 and the implied covenant of good faith. The plaintiff successfully remanded the case back to state court and got some of its attorneys’ fees covered. Ripoff Report removed the case to federal court.

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State law Court Defendant Lawsuit 97

lennyesq

SEPTEMBER 1, 2024

Ottawa Faculty of Law, CA Six major book publishers Friday sued the Florida Department of Education, challenging a 2023 state law used to restrict books in school libraries. The six book publishers filed the lawsuit along with the Authors Guild, several prominent authors, two students and two parents.

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Lawsuit State law Court Law 75

Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). 29, 2024) The post Think You Understand Online Trespass to Chattels Law?

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Time-tracking Judge Law Law 119

Eric Goldman

NOVEMBER 2, 2023

Because the removal of content is a traditional editorial function, Section 230(c)(1) bars plaintiff’s lawsuit.” The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Nextdoor appeared first on Technology & Marketing Law Blog.

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Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

FEBRUARY 16, 2025

A reminder: this lawsuit is a battle royale. Combined with prior rulings, in the October 24, 2024 ruling, the court summarizes where the various claims stand: It’s even more complicated, because several of the plaintiffs’ claims are based on state laws. They will need to clear their calendar.

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Defendant Court Litigator Litigation 59

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Federici * Biosafe-One v.

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Court Failure-to-appear Lawsuit State law 105

Legal Tech Monitor

NOVEMBER 21, 2023

In what it described as a case pitting “real lawyers against a robot lawyer,” a federal court in Illinois has dismissed a law firm’s suit against the self-help legal service DoNotPay. But DoNotPay — represented by real, not robot, lawyers — moved to dismiss the lawsuit, asserting that MillerKing lacked standing to sue it in federal court.

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Court Lawyer Lawsuit Failure-to-appear 52

CaseFox

APRIL 13, 2023

Personal injury claims are lawsuits filed by individuals who have been injured due to the negligence or intentional actions of another person or entity. This can occur if the plaintiff does not have sufficient evidence to prove the extent of their damages, or if the damages are capped by state law.

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Court Defendant Lawsuit Attorney 98

LLRX

JULY 15, 2023

Four highlights from this week: The potential healthcare privacy risks of ChatGPT; “Shadow libraries” at heart of mounting copyright lawsuits against OpenAI; Congressional Report Finds Meta and Tax Prep Companies “Recklessly” Shared Taxpayers’ Data; and Cooper Davis Act Would Force Tech Companies to Flag Users for Drugs.

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Lawsuit State law Legal research Law 98

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. The plaintiffs’ allegations were sizzling.

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Court Judge Defendant Hearing 111

Eric Goldman

AUGUST 16, 2023

So does the rest of the employee’s lawsuit. “Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” ” 512(f) once again wipes out state law claims, even if 512(f) doesn’t apply. The 512(f) claim fails.

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State law Court Litigator Litigation 75

Eric Goldman

JULY 18, 2023

Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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Court Litigator Litigation Case law 98

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

The Barrister

MARCH 18, 2024

7] Microsoft stock image The NCAA halted its investigations into third parties creating NIL deals with collegiate Division I athletes after a federal judge granted a preliminary injunction in a lawsuit filed by the attorneys general of Tennessee and Virginia. Law Library More than 10,000 of the 1,390 FBS players have agreed. [7]

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Lawsuit Judge State law Attorney 52

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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Judge Court Defendant State law 98

Eric Goldman

NOVEMBER 30, 2023

It may or may not be related to this lawsuit, but Google recently sued “bad actors who set up dozens of Google accounts and used them to submit thousands of bogus copyright claims against their competitors. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Federici * Biosafe-One v.

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Defendant Court State law Lawsuit 75

Eric Goldman

AUGUST 24, 2023

LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. This is true even though the law does not recognize that they have a property interest in it, and even if though expressly disclaim any property rights in that data in their terms of use. It’s user-generated content.

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Intellectual Property Court Litigator Litigation 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

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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Court Software Litigator Litigation 98

Brett Trout

MARCH 15, 2024

The agreement should include clauses detailing how long the agreement lasts, how much the Talent is to be paid, whether the Talent has approval rights regarding the final product, governing law, reservation of rights, etc. This means your rights to your name, image, and likeness vary depending on which state law applies.

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Intellectual Property Lawsuit Compliance State law 52

Eric Goldman

DECEMBER 16, 2024

WebGroup Czech Republic * Instagram Defeats Lawsuit Claiming It Was a Breeding Ground for Sex TraffickersDoe v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves ForwardML v. Salesforce * Latest Linkwrap on FOSTAs Aftermath * Section 230 Doesnt End Lawsuit Claiming Facebook Facilitated Sex TraffickingDoe v.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

JUNE 9, 2024

Section 230 preempts her lawsuit against Facebook: “Ninth Circuit precedent interpreting Section 230 of the Communications Decency Act, 47 U.S.C. § Most FOSTA opinions are lengthy, but this one was short because the law was quite clear. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v.

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Lawsuit Criminal trial Court Failure-to-appear 88

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

JUNE 7, 2023

The plaintiffs claim that, “by enabling the transmission of ephemeral content on the application, Defendants facilitate the exchange of CSAM, and that Snap’s design of the application assists users in ‘evad[ing] supervision by legal guardians or law enforcement.'” US * Catching Up on a FOSTA Case–ML v.

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Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

MAY 5, 2023

Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves Forward–ML v. Omegle * Section 230 Helps Craigslist Defeat Sex Trafficking Case–LH v.

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Lawsuit Defendant Court e-filing 111

Martindale-Avvo

AUGUST 9, 2023

Real estate law is filled with legislation, contracts, and regulations. Real Estate Law Real estate law creates the boundaries, requirements, and procedures for property transactions. Examples of property transactions that fall under real estate law include buying and selling property, financing, and leasing.

Estate lawyer 52

Estate lawyer Law Law State law 52

Eric Goldman

JULY 26, 2024

Here, if the law recognized the illegality of “possessing” illegal content, then the upload could create its own legally recognizable harm even if it’s never meant for, or made available for, downloading. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. The Lemmon v. Case Citation : Doe v.

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Defendant Lawsuit Court Hearing 98

Eric Goldman

JULY 23, 2023

In response to a facial constitutional challenge to FOSTA, the DC Circuit upheld the law after making several narrowing constructions. The remaining ambiguity over its scope chills and inhibits socially beneficial and completely legal behavior, but the law doesn’t help reduce illegal behavior.

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Lawsuit Court Defendant Hearing 97

Berkley Technology Law Journal

DECEMBER 24, 2022

The BTLJ Podcast team sits down with ACLU Senior Staff Attorney Matt Cagle to discuss the use of automated license plate readers (ALPRs) by police departments and other law enforcement entities. Podcast Transcript: [Tiffaney] 0:12 You’re listening to the Berkeley Technology Law Journal Podcast. I’m Tiffaney Boyd.

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Attorney Law Law Time-tracking 100

Eric Goldman

MAY 2, 2024

The court says the claim fails on its prima facie elements because “Plaintiffs have failed to establish that Salesforce had constructive knowledge that Backpage violated relevant sex-trafficking laws as to Plaintiff.” Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. April 29, 2024).

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Lawsuit Defendant Court Judge 96