Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A web of federal and state laws shields consumers from fraud, abuse, and other forms of harm. State laws governing debt collection sometimes extend more broadly. Justia provides a 50-state survey on fair debt collection laws and some related statutes. Will I Lose My Utilities if I Cannot Pay the Bill?

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Bankruptcy Law Law Lawsuit 84

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 ” The court cites Force v.

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Failure-to-appear Defendant Federal law Lawsuit 98

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.

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Court Failure-to-appear Lawsuit State law 105

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 64

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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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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Justia Legal Marketing & Technology blog

OCTOBER 8, 2024

A plaintiff may raise both theories if state law and the facts of the case permit. Some states also have statutes of repose, which may provide an absolute barrier to bringing a lawsuit once a certain time has expired after the product was sold. What Is the Difference Between a Manufacturing Defect and a Design Defect?

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Defendant Law Law Lawsuit 84

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 72

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. A second California lawsuit, Lee v.

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Court Lawyer Lawsuit Failure-to-appear 52

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

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 84

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

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). 20 years later, we’re still fighting over pixels and cookies.

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Time-tracking Judge Law Law 119

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. More than 10,000 of the 1,390 FBS players have agreed. [7]

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Lawsuit Judge State law Attorney 52

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

They can bring a civil lawsuit against whoever was responsible for the improper practice, seeking the damages that they sustained as a result. The federal government has not yet enacted a comprehensive data privacy law, although various federal laws protect certain types of people or information.

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Mediator Dispute resolution Law Law 68

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.

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Defendant Court State law Lawsuit 75

Eric Goldman

NOVEMBER 27, 2024

violations; but I also think it’s clear this lawsuit is going to fail eventually. Amazon’s TOS would have benefited from a critical reread to think of how plaintiffs’ lawyers could minsterpret the contract to claim 1670.8 ” (As I mentioned, this is an obvious misreading of the provision).

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Defendant Law Law Court 77

Brett Trout

MARCH 15, 2024

Unlike the right of privacy, which is protected by the Constitution and specific federal statutes, the right of publicity is a patchwork of state and common law. This means your rights to your name, image, and likeness vary depending on which state law applies. No tags for this post. Related posts No related posts.

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Intellectual Property Lawsuit Compliance State law 52

Justia Legal Marketing & Technology blog

JANUARY 30, 2024

The Work-Related Requirement To get workers’ compensation benefits, a worker must be an employee rather than an independent contractor, and they must not work in a profession that is exempt under state law. Certain agricultural and domestic workers may be exempt, for example.) Working with a lawyer can help overcome these obstacles.

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Workers Compensation Law Law Time-tracking 69

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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Litigator Litigation Dispute resolution Criminal trial 52

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. Many of those contractual anti-scraping lawsuits were successful. However, even in the United States, other ways exist to scrutinize contracts over information goods. ML Genius v.

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Court Litigator Litigation Case law 98

Eric Goldman

DECEMBER 13, 2023

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. Taco Bell Corp. , 3d 446 (6th Cir.

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Judge Court Defendant State law 98

Eric Goldman

AUGUST 24, 2023

has filed multiple lawsuits against web scrapers, including against Bright Data , which is perhaps the biggest web-scraping company in the world. Ten years ago, in web-scraping cases, you’d typically see plaintiffs in scraping cases file 10-15 legal claims, with law firms exploring any legal theory that might stick.

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Intellectual Property Court Litigator Litigation 98

Eric Goldman

JANUARY 12, 2024

.” The Kremen test is so obviously ill-fitting to this inquiry, but the court gets to the right place: “there is no cognizable property interest in website copies that may serve as the basis for a trespass to chattels claim under California law.” That lawsuit also failed.

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Court Software Litigator Litigation 98

Debevoise Data Blog

JANUARY 24, 2023

Legal action for trademark infringement also remains an option for the trademark holders, but identifying the creator of the content and filing a federal lawsuit is considerably more expensive and time-consuming. Instead, states prohibit deepfakes in specific, harmful contexts.

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Court e-filing Lawsuit State law 52

Eric Goldman

JANUARY 11, 2025

I did a fairly lengthy blog post on the intersection of copyright law and city council videos a decade ago; and see this piece by Frank LoMonte about the intersection between copyright law and FOIA laws for government records. In the last month, two more copyright lawsuits over city council videos have triggered my alerts.

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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

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. § 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 Criminal trial Court Defendant 88

Eric Goldman

DECEMBER 15, 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 Court Defendant Hearing 124

Eric Goldman

JUNE 7, 2023

Internet Brands rejected that proposal: lawsuits brought against interactive computer service providers based solely on failure to adequately monitor and regulate end-users’ harmful messages fall squarely within protections of Section 230 Implications If this ruling stands on appeal, it will be a major win for defendants.

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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

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.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

JULY 26, 2024

July 24, 2024) More SESTA/FOSTA-Related Posts * Instagram Defeats Lawsuit Claiming It Was a “Breeding Ground” for Sex Traffickers–Doe v. 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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Defendant Lawsuit Court Hearing 98

Eric Goldman

JULY 23, 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 Court Defendant Hearing 97

Eric Goldman

MAY 2, 2024

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 Judge 96

Martindale-Avvo

AUGUST 9, 2023

Real estate law focuses on the physical land, also called “real property,” and the resources and structures on it. Real estate can change from state to state, as it is governed by state laws. Generally, real estate law is separated into two categories: Commercial and Residential.

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Estate lawyer Law Law State law 52

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. .” Google defeats lawsuit from a public school student using Google edtech that he claims was hacked and used to send inappropriate material. * ” * M.K. Google LLC, 2023 WL 2671381 (N.D. March 27, 2023).

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