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.” 2024 WL 3842563 (W.D. May 29, 2024) The post AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v.

Lawsuit 98

Lawsuit Defendant Court State law 98

Eric Goldman

FEBRUARY 16, 2025

A reminder: this lawsuit is a battle royale. Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4532937 (N.D. 24, 2024) This ruling involves the school districts’ claims against social media for their alleged role in providing resource-intensive mental health support for students.

Defendant 57

Defendant Court Litigator Litigation 57

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. 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. Then, the case fell apart. See ECF No.

Defendant 98

Defendant Judge e-filing Lawsuit 98

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. A reminder that if the US government had prosecuted the defendants for violating the Clean Air Act, Section 230 would have been irrelevant (it doesn’t apply to federal criminal prosecutions). The defendants sell this hardware.

Lawsuit 98

Lawsuit Defendant Court Software 98

Brett Trout

FEBRUARY 18, 2025

Recently, the companys aggressive enforcement of its intellectual property (IP) has taken center stage, with high-profile lawsuits targeting game modders, emulator developers, and companies like Pocketpair, the creators of Palworld. The lawsuit seeks damages and an injunction against the games continued distribution?

Intellectual Property 52

Intellectual Property Lawsuit Litigation Litigator 52

Eric Goldman

JANUARY 21, 2024

“Plaintiff alleges Defendants downloaded and copied Plaintiff’s copyrighted materials from YouTube, and then re-uploaded infringing versions of Plaintiff’s copyrighted media content to their YouTube channels.” ” Viral DRM sued 20 defendants enumerated in a Schedule A and got an ex parte TRO. Jurisdiction.

Defendant 78

Defendant Judge Court Hearing 78

Eric Goldman

MARCH 6, 2024

If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels). Note: this case is functionally moot because the defendant, Sunfrog, is already defunct.

Defendant 120

Defendant Judge Lawsuit Court 120

Eric Goldman

JULY 30, 2024

The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. “Plaintiff does not allege any facts indicating that Defendant was contractually prohibited from removing her Google account.” “Defendant Google is a private business, not a state actor.” July 26, 2024).

Defendant 108

Defendant Lawsuit Court Litigation 108

Eric Goldman

NOVEMBER 17, 2024

[Note: the defendants in this case are enumerated on an “Annex A” instead of “Schedule A.” Judge Harjani says the plaintiff’s papers contain “a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship.”

Judge 52

Judge Defendant Court Time-tracking 52

Eric Goldman

JANUARY 30, 2024

The court says that Printify took appropriate steps when it learned of infringing items via Atari’s lawsuit: First, Printify searched its own database for the 70 URLs identified by Atari in ECF No. 2024 WL 283641 (S.D.N.Y. RedBubble * IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts–OSU v.

Lawsuit 98

Lawsuit Court Judge Defendant 98

Eric Goldman

MARCH 20, 2025

The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. The 2024 district court opinion. Case Citation : Seneca v.

Defendant 52

Defendant Court Lawsuit Law 52

Eric Goldman

MAY 31, 2024

He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more. The trial court anti-SLAPPED that lawsuit. In dismissing the case, the court says sardonically: In most respects, O’Kroley didn’t accomplish much in suing Google and the other defendants. 2024 WL 2745115 (Cal.

Court 106

Court Defendant Lawsuit Legal research 106

Eric Goldman

JULY 9, 2024

Lloyd brought a pro se lawsuit against Facebook raising a myriad of concerns. ” The Rehabilitation Act “does not apply to defendants who are private entities that do not receive federal funds.” Among other reasons, “her negligence claim treats defendants as the publishers of the harassing posts.”

Defendant 98

Defendant Court Lawsuit Law 98

Brett Trout

FEBRUARY 5, 2025

Brett Trout In a recent decision by the Court of Appeal of the Unified Patent Court (CoA) dated December 20, 2024, the court underscored the critical importance of precise patent drafting. The case involved Alexion Pharmaceuticals, Inc., which faced significant challenges to its patent due to inaccuracies in its patent claims.

Court 52

Court Litigation Litigator Attorney 52

Eric Goldman

JUNE 7, 2024

The court dismisses Bloom’s lawsuit against US Weekly. But a desire to turn a profit does not in and of itself indicate a defendant acted with actual malice… plaintiff’s theory that defendant chose the photograph of plaintiff for its commercial appeal defies reason. A360 Media LLC , 2024 WL 2812905 (S.D.N.Y.

Failure-to-appear 98

Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

MARCH 11, 2024

” “Aereo involved the removal of copyright-protected works from their usual channels of distribution by the defendant, even if that diversion was only completed when directed by an end user. Congress specifically outlawed something, and the defendant was doing more or less that precise thing, with a few superficial tweaks.”

Lawsuit 105

Lawsuit Court Defendant Hearing 105

Eric Goldman

FEBRUARY 18, 2024

You may have heard about Squishmallow’s recent lawsuit against Build-a-Bear over plushy knockoffs. Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.” Typical SAD Scheme stuff.

Judge 111

Judge Defendant e-records Court 111

Eric Goldman

JULY 19, 2024

Take a look at the numbers: Amazon restrained $155k+ of the defendant’s money. That’s just for one of the many defendants in this case. “Defendant admits that it profited $32.30 The defendant fought back with its own damages expert. Would fair use apply? This post focuses on the case economics.

Defendant 96

Defendant Judge Court Lawsuit 96

Eric Goldman

OCTOBER 5, 2024

eBay defeats the lawsuit. In that case, the defendant created a marketplace for aftermarket car apps, which naturally included defeat devices. ” Having apparently not learned from that case, the EPA tried the same arguments against a more sympathetic defendant (eBay) and got an unsurprising outcome. .”

Defendant 106

Defendant Court Lawsuit Law 106

Eric Goldman

FEBRUARY 21, 2024

Snapchat successfully defends on Section 230 grounds. The court responds: The result in Lemmon makes sense, of course, because the plaintiffs there did not attempt to hold the defendant liable for publication of third-party content. 2024 WL 678248 (Conn. She sued Snapchat for her harms. Case citation : V.V. Meta Platforms, Inc.

Defendant 95

Defendant Failure-to-appear Court Judge 95

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. Instagram, LLC, 2024 U.S. LEXIS 171462 (N.D.

Court 111

Court Judge Defendant Hearing 111

Eric Goldman

JUNE 9, 2025

by guest blogger Kieran McCarthy With as much scraping as is happening for AI training and enhancement these days, it’s amazing to me that there aren’t more lawsuits happening over scraping. Recent Licensing Agreement : In May 2024, OpenAI entered into a formal partnership with Reddit, granting OpenAI access to Reddit’s Data API.

Lawsuit 57

Lawsuit Failure-to-appear Court Defendant 57

Eric Goldman

JUNE 12, 2024

I don’t know how many lawsuits they’ve filed because the team is filing many (all?) If this is correct, then these lawsuits aren’t designed to protect consumers at all, and they may turn an important consumer protection law into a net statutory loss. Anheuser-Busch Companies, LLC, 2024 WL 1122415 (C.D.

Court 75

Court Defendant Law Law 75

lennyesq

JUNE 2, 2023

The lawsuit names Idaho Attorney General Raúl Labrador, the prosecuting attorney for a county in Idaho and members of the Idaho Code Commission as defendants. The ACLU brought the lawsuit on behalf of two families, known as the Poe and Doe families, who both have transgender children currently receiving gender-affirming care in Idaho.

Lawsuit 73

Lawsuit Defendant Attorney Law 73

Eric Goldman

MARCH 5, 2024

In the Sid Avery lawsuit, Pixels ultimately won at trial that it was not sufficiently vertically integrated for copyright purposes, so we’ll see if the judge’s tone changes on summary judgment. Pixels.com, LLC , 2024 WL 885356 (W.D. RedBubble * IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts–OSU v.

Lawsuit 119

Lawsuit Court Intellectual Property Defendant 119

Clio

APRIL 17, 2025

And the legal industry is taking notice: according to the American Bar Associations 2024 Legal Technology Survey Report , 47% of firms used legal analytics in the previous year. By leveraging AI and other technologies, law firms can uncover patterns and trends across vast datasetsturning raw information into actionable insight.

Analytics 52

Analytics Law firm Law Law 52

Clio

DECEMBER 12, 2024

The technology may be able to determine a criminal defendants competence to stand trial. How will it interact with a defendants right against self-incrimination? Nonetheless, we can foresee future legal battles, even class action lawsuits, arising in this arena. However, how reliable will this evidence be?

Law 97

Law Law Defendant Attorney 97

Eric Goldman

JANUARY 11, 2025

In the last month, two more copyright lawsuits over city council videos have triggered my alerts. Kilgore , 2024 WL 5295080 (W.D. 14, 2024) A magistrate judge recommends sending a 512(f) case to trial. Both cases included a 512(f) claim, and both 512(f) claims survive the preliminary dismissal efforts.

Court 40

Court Judge Defendant Case predictions 40

The North Carolina Journey of Law and Technology

FEBRUARY 19, 2024

Understanding Litigation Finance Litigation finance is when a third-party invests in a lawsuit in hopes of sharing in the profits of a successful verdict. Instead of funding individual suits based a case’s merits, litigation funders have trended towards funding portfolios of cases based on factors such as common defendants or practice area.

Litigator 52

Litigator Litigation Machine learning Court 52

Eric Goldman

JUNE 14, 2024

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. Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

FEBRUARY 23, 2025

“Waterman alleges no facts that Defendant had the ability to control the acts of its users or that Defendant was able to use simple measures to remove the infringing material from its platform.” 2024 WL 5413655 (C.D. 30, 2024) The post TikTok Defeats Copyright Lawsuit Over Users’ Uploads–Waterman v.

Lawsuit 52

Lawsuit Defendant Court Lawyer 52

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp. He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp.

Defendant 106

Defendant Court Litigator Litigation 106

Eric Goldman

JUNE 8, 2024

In 2014, the defendant launched a website called “The Texas Tamales Warehouse” but was driven off of that. Having established its trademark rights, in the most recent ruling, Texas Tamale unsurprisingly gets an injunction against the defendant. CPUSA2, LLC , 2024 WL 2836241 (S.D. 2024 WL 2847139 (E.D.N.Y.

Lawsuit 129

Lawsuit Defendant Court Litigator 129

Eric Goldman

NOVEMBER 8, 2024

Immediately after the plaintiff filed its papers on November 1, Judge Daniel sua sponte issues an order that starts: experience has shown that not all defendants named in a Schedule A case work together. ” However, the complaints rarely or never back up this claim with any defendant-specific supporting facts. 1:24-cv-11301 (N.D.

Judge 80

Judge Defendant Lawsuit Court 80

Eric Goldman

FEBRUARY 7, 2024

This lawsuit seeks to hold Letgo liable for the murders. It said 230 was not available to Letgo because, per Accusearch , “Plaintiffs have sufficiently pleaded, for a motion under Rule 12(b)(6), that Defendants contributed in part to the allegedly offending ‘verified’ representation.” 2024 WL 372218 (10th Cir. Negligence.

Lawsuit 111

Lawsuit Machine learning Court Defendant 111

Eric Goldman

DECEMBER 16, 2024

MG Freesites because the defendant in that case hosted the video and allegedly exercised other content moderation steps around it. FOSTA The plaintiff invoked the FOSTA exception to Section 230, which required the court to decide if plaintiffs to show the defendant had the higher scienter required by 1591 or the lower scienter of 1595.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

OCTOBER 9, 2024

If you’re keeping score, 1-800 Contacts won 5 Polaroid factors (one only slightly) and 1 factor was irrelevant; while the defendant prevailed on 2 factors. In other words, if the defendant promoted the mimicry page using advertising beyond than keyword ads, the legal analysis would not change. The Consumer Survey Tangent.

Lawsuit 98

Lawsuit Defendant Court Litigation 98