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A judge would need to approve any proposed settlement, but they usually do. Drivers in most states do not have a right to a jury in traffic court. In a state that makes a jury trial available, though, this option may work in the driver’s favor. Can I Ask for a Jury in a Traffic Case? This type of appeal rarely succeeds.
In addition, some statelaws require a certain standard of care. Violating one of these laws would be strong evidence of liability. Plaintiffs bringing nursing home abuse cases often present expert testimony on the appropriate standard of care in the circumstances. How Can I Recognize Financial Abuse?
There are also likely to be fundamental disagreements among judges as to the strength of core defenses like fair use, which in the past have split appellate courts and even the Supreme Court. Earlier cases will reach new phases, bringing discovery disputes and class certification challenges.
But I’m pretty sure getting 8-75 likes at Instagram, especially for posts that might be considered thirst traps, isn’t impressive, and I think the court is silently judging that. ” I will have you know that I am fully showered and wearing (mostly) clean clothes (and not my jammies) as I write this blog post.
This opinion suggests this judge would have zero interest in enjoining rightsowners from this practice. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful StateLaw ClaimsStevens v. Canning * 17 USC 512(f) Preempts StateLaw Claims Over Bogus Copyright Takedown NoticesAmaretto v. Case Citation : Whaleco Inc.
The panel summarizes: “Because Does statelaw 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. Case Citation : Doe v.
But the plaintiffs found a judge who gave them enough benefit of the doubt to survive a motion to dismiss. 25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon appeared first on Technology & Marketing LawBlog. That’s a litigation strategy, I guess. Amazon.com, Inc.
[Note: my blogging hiatus is due to a trip to China. I will return to the US this weekend and presumably resume my regular blogging cadence then.] Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. This is a confusing lawsuit that has been through several names, including “Sarah v.
In those circusmtances, copyright law is an especially attractive tool to the pugilists, with its strict liability standards, amorphous fair use boundaries, high defense costs, and effectiveness of takedown notices. 14, 2024) A magistrate judge recommends sending a 512(f) case to trial. Kilgore , 2024 WL 5295080 (W.D. 2025 WL 35245 (D.
Unbeknownst to most, however, is that 167 law enforcement agencies across Virginia are now using public-facing surveillance technology such as Automatic License Plate Readers (“ALPR”) and gunshot listening devices. [1] In 2022, it was discovered that statelaw enforcement agencies had begun putting up ALPRs on state roadways. [15]
The account termination lawsuits keep coming , so I’ll keep blogging them. The court breezily rejects each of his statelaw claims, including the Florida social media censorship claim that relied on an unconstitutional law that’s enjoined. Facebook YouTube Still Isnt a State ActorAlbertson v.
” 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.
This is my 10th and final blog post in my series celebrating my 20 year blogiversary. Sadly, the series (and maybe the blog) will end on a depressing note. In this post, I’m going to talk about the blog’s future. Subject to those caveats, my thoughts about the 10-year future of the blog.
A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. 301(a) , which preempts statelaws “equivalent” to copyright. If a contract does that, it should not be enforceable as a matter of federal law. In 2022, in ML Genius v.
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.
The International Law Center at Justia explains this membership process and describes each of the major organs in the UN, such as the General Assembly, the Security Council, and the Secretariat. The Court consists of 15 judges, who are elected to nine-year terms by the General Assembly and the Security Council.
This case got assigned to Judge Alsup’s courtroom. I previously summarized Judge Alsup’s modus operandi about motions to dismiss: Judge Alsup gives the benefit of the doubt to plaintiffs on motions to dismiss, only to hammer them on summary judgment if their evidence doesn’t hold up to scrutiny.
” We might expect the judge to push on these vague and conclusory allegations and demand specifics. Instead, the judge accepts these allegations as good enough to survive the motion to dismiss. judge (Judge Orrick) goes out of their way to find a possible trespass to chattels. Exactly what did Facebook do?
NetChoice challenged the law in court primarily based on the First Amendment, but NetChoice also claimed that Section 230 preempts the latter three functions. This ruling has no bearing on the constitutional challenge (though it may show that the judge is struggling with the content/conduct distinction).
It was an audaciously mockable pivot…and yet, the district court judge shockingly bought the argument. My angst-filled blog post on that ruling. In other words, the district court judge was imprecise about exactly what chattel was being trespassed. Google appeared first on Technology & Marketing LawBlog.
This blog highlights the key differences between civil and criminal litigation according to the law. Civil Litigation The term “Civil Litigation” refers to the legal process in which private parties, such as individuals or organisations, seek resolution for disputes through the law.
For purposes of these blog posts, we focus mainly on the former use case—matching a face to a specific person for identification purposes—rather than other use cases such as emotional evaluation and lie detection. StateLaws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data.
But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.
A person who could serve as an administrator also may nominate another person for this role, although the judge will make the final decision. To be valid, a will usually must be in writing, created by a testator with legal capacity to make a will, and signed by the testator and witnesses in accordance with statelaw.
The SSA provides three internal levels of appeals : a reconsideration, a hearing before an Administrative LawJudge (ALJ), and review by the SSA Appeals Council. Statelaws may provide additional protections to people with disabilities in both employment and housing.)
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.'” the application of Section 230 to the failure-to-warn claims.
Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.
Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.
Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.
I never blogged that opinion for two reasons. Second, the opinion was so clearly wrong and garbled that I expected the Seventh Circuit would take the case en banc and issue a more coherent and less terrible opinion that I would then blog. I can’t bring myself to go back and blog that opinion now. Doe (S.M.A.)
Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v.
Let’s break down the logic behind “murder month” in today’s blog. There are statelaws that dictate avoiding “unnecessary delay,” leaving the defendant in jail for a gratuitous amount of time before they ever see a judge. But what’s the reason for this uptick in cases?
This judge focused solely on Ninth Circuit precedent, which makes sense because this court is in the Ninth Circuit’s territory and that will help with any appeal). Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. MySpace ruling , but it dealt with this criminal-victim matching argument.
28, 2023) Prior Blog Posts About Grindr Section 230 Once Again Applies to Claims Over Offline Sexual Abuse–Doe v. Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Grindr decision from a few months ago. I assume this case is headed to the Ninth Circuit. Case Citation : Doe v. Grindr, Inc. , 2:23-cv-02093-ODW (C.D.
5] In a motion passing 3-2 on a party-line vote, the Democratic commissioners removed the Chief Administrative LawJudge (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]
Section 230 cases are coming faster than I can blog them. This long blog post rounds up five defense losses, riddled with bad judicial errors. Perhaps Facebook should have done a better job articulating this, but the judge was far too eager to disrespect the editorial function. Snap , Judge Katzmann’s dissent in Force v.
Some of them contain 50-state surveys that track variations in statelaws on a key issue. Family Law Matters involving domestic relations tend to have high stakes, financially and emotionally. Administrative lawjudges oversee hearings in a quasi-judicial setting. A private party can appeal their decisions.
Marathe argues judges and lawyers also need to be heavily educated on the latest developments in deep fake technology in order to counter their use in court. Regulations, laws and advanced detection technology are still lacking but urgently needed. Are Judges, Juries and Lawyers Ready? Deepfakes Are Coming to Courts.
By Guest Blogger Tyler Ochoa Last week, a federal judge in New York dismissed a lawsuit filed two-and-a-half years ago by then-former President Donald Trump against journalist Bob Woodward and his publisher, Simon & Schuster, over publication of The Trump Tapes: Bob Woodward’s Twenty Interviews with President Donald Trump.
In November 2024, a magistrate judge dismissed the plaintiff’s claims against OnlyFans on Section 230 grounds. Prior blog post. The plaintiff objected to the magistrate’s R&R, but the supervising judge rejects the objections. Unsurprisingly, this judge thinks the Anderson v.
Another lengthy blog post rounding up cases from the past few months involving CSAM or commercial sex and Section 230/FOSTA. May 6, 2025) Prior blog posts ( 1 , 2 ). Previously in this case, Judge Coogler denied Pornhub’s motion to dismiss, certified a class of plaintiffs, and denied summary judgment to Pornhub.
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. Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B.
Salesforce, a 7th Circuit opinion from 2023 (which I ran out of time to blog) that embraced tertiary liability to hold that Section 230 didn’t apply to Salesforce’s services to Backpage. appointed Judge Morales from the Southern District of Texas, sitting by designation. The flagship case in this area is G.G.
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