Eric Goldman

DECEMBER 16, 2024

The appellate court refers to Doe’s behavior as “ capping.” The court dismissed the case on Section 230 grounds. Knowing CSAM Possession The district court dismissed the CSAM civil claim on Section 230 grounds. The 11th Circuit affirms, but relies only partially on Section 230 grounds.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

SEPTEMBER 26, 2024

After hearing this allegation at least twice, the Court instructed plaintiffs’ counsel to go present proof of such a bribe and to specifically subpoena the banks that were allegedly involved in laundering the bribe. Instagram appeared first on Technology & Marketing Law Blog. Case Citation : Dangaard v. LEXIS 171462 (N.D.

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Court Judge Defendant Hearing 111

Eric Goldman

MARCH 4, 2023

I’ve blogged many Ripoff Report cases over the years, but it’s been a while since my last one (looks like 2018 ?). 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. Ripoff Report removed the case to federal court.

State law 97

State law Court Defendant Lawsuit 97

Inside Privacy

FEBRUARY 1, 2024

Note that the data localization prohibition in this Regulation applies to individual EU Member States’ laws; it does not preclude the EU from implementing data localization requirements. In this blog post, we outline the current and forthcoming EU legislation on the international transfer of non-personal data.

Intellectual Property 72

Intellectual Property State law Court Compliance 72

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. 2019) (“As courts uniformly recognize, § 230 immunizes internet services for third-party content that they publish, including false statements, against causes of action of all kinds.”). 2018), aff’d , 765 F. ” * Doe v.

Defendant 98

Defendant Failure-to-appear Court Lawsuit 98

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. In 2021, the court dismissed the non-FOSTA claims but did not dismiss the FOSTA claim. Reddit cert petition was pending before the Supreme Court. Both parties appealed to the Ninth Circuit.

Lawsuit 124

Lawsuit Court Defendant Hearing 124

Eric Goldman

JUNE 7, 2023

The court treats this as a surprisingly easy Section 230 case and dismisses the case. Twitter , the court disagrees: Unlike in Lemmon and Roommates.com , the harm Plaintiffs allege here doesn’t flow from a design defect. ” The plaintiffs also sued Google and Apple for carrying Snap in their app stores. Next stop: the 9th Circuit.

Failure-to-appear 118

Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

MAY 5, 2023

” My post tried to translate this statement: Underneath this anodyne conclusion, the court is impliedly making two key points: (1) users’ activities do not contribute to evaluating the defendant’s 1591 exposure, and (2) the applicable scienter to get around 230 is 1591’s “actual knowledge” requirement.

Lawsuit 111

Lawsuit Defendant Court e-filing 111

Eric Goldman

JULY 26, 2024

On remand, the court dismisses the remaining defendants primarily due to Section 230, with leave to amend. The court summarizes the facts: Plaintiff alleges she was trafficked as a minor and her traffickers filmed her while she was engaged in sex acts. . The court says Section 230 preempts it in this case. The Lemmon v.

Defendant 98

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. Taamneh case. Reddit, Inc. ,

Lawsuit 97

Lawsuit Court Defendant Hearing 97

Eric Goldman

MAY 2, 2024

Readers with good memories will recall that I have blogged several other cases against Salesforce with similar allegations, with mixed results in court. Salesforce decision closely, the court concludes that Salesforce doesn’t qualify for Section 230 immunity in the FOSTA case. Salesforce invoked the Fifth Circuit’s Doe v.

Lawsuit 96

Lawsuit Defendant Court Judge 96

LawSites

JUNE 2, 2022

It even counts several Supreme Court justices among its customers, according to founder Ross Guberman. I tested BriefCatch once before, in 2018, when I put it and two other legal editing programs to the test of editing four opinions authored by Supreme Court Justice Neil M.

Software 98

Software Court Judge Lawyer 98

Eric Goldman

JUNE 9, 2024

The court responds: “Doe’s breeding ground theory essentially seeks to hold Meta liable for failing to remove traffickers’ grooming messages and posts advertising their victims for sex.” Finally: in passing, the court says “Her trafficker was convicted in a criminal trial and sentenced to 40 years in prison.”

Lawsuit 88

Lawsuit Criminal trial Court Failure-to-appear 88

Berkley Technology Law Journal

DECEMBER 24, 2022

And this is one that the US Supreme Court has recognized is not really a bright line, in the case called Carpenter vs. United States from 2018. This is a case where the Supreme Court held that the government needed to get a warrant in order to obtain the cell phone locations of a person over a period of time.

Attorney 100

Attorney Law Law Time-tracking 100

Eric Goldman

DECEMBER 29, 2023

The court holds that Section 230 applies to the claims. ” The court responds that “Grindr’s match function relies on and publishes a user’s profile and geolocation data, which is third-party content generated by the user.” The court rejects Doe’s attempted Lemmon v. ICS Provider. Publisher/Speaker Claims.

Lawsuit 98

Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

SEPTEMBER 27, 2024

Having manufactured the requirement of that the claim must be based on “particular” content to trigger Section 230, the court says none of the claims do that. ” I’d love for the court to explain how blocking users from contacting each other on apps differs from “content moderation.”

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Court Lawsuit Judge Defendant 105

Eric Goldman

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v.

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Court Law Law Failure-to-appear 106

Eric Goldman

JULY 23, 2025

It also pleaded state-law claims for an accounting of profits, unjust enrichment, and breach of contract. On August 4, 2023, the court granted the defendants’ motion to transfer venue to the Southern District of New York. The court did not respond. The court’s decision involved only the first two issues outlined above.

Lawsuit 110

Lawsuit Court Defendant State law 110

Eric Goldman

FEBRUARY 8, 2025

A prior ruling summarized the facts the court describes as “harrowing”: In April 2022, Defendant Bendjy Charles (Charles) and Romelus raped Plaintiff. The court denied summary judgment for both sides, likely sending this case to trial. The court again denies a Section 230 dismissal. ” Case Citation : Doe v.

Defendant 59

Defendant Lawsuit Judge Court 59

Eric Goldman

MAY 26, 2025

The court says this isn’t a dispositive issue because “Judge Coogler would have come to the conclusion that Defendants were content providers and thus not entitled to immunity under Section 230 even if he had not considered Anderson.” I disagree strongly with this court’s assessment. TikTok ruling. Reddit, Inc.

Defendant 57

Defendant Failure-to-appear Court Judge 57

Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. The court dismisses OnlyFans per Section 230.

Defendant 117

Defendant Lawsuit Failure-to-appear Court 117

Eric Goldman

DECEMBER 23, 2024

To the extent that courts have acknowledged this issue, they have presumed that everyone knew Backpage was providing illegal services to sex traffickers. So for purposes of a motion to dismiss, courts can simply assume the upstream violations. Add Section 230 into the mix and tertiary liability looks even weirder.

Defendant 59

Defendant Court Lawsuit Judge 59