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 263

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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Justia Legal Marketing & Technology blog

FEBRUARY 12, 2025

Corporations are legally independent entities, so a creditor or a person filing a lawsuit against a corporation usually cant reach your personal assets, although there are some exceptions. Some people also may find it a hassle to comply with the strict requirements under state law for starting and operating a corporation.

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Mediator Workers Compensation Due diligence Court 133

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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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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Litigation Litigator Intellectual Property Defendant 52

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Many of those contractual anti-scraping lawsuits were successful. ML Genius v.

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Court Litigator Litigation Case 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

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

NOVEMBER 27, 2024

violations; but I also think it’s clear this lawsuit is going to fail eventually. 25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon appeared first on Technology & Marketing Law Blog. ” (As I mentioned, this is an obvious misreading of the provision). Amazon.com, Inc.

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Defendant Law Law Court 77

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.

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State law Court Defendant Lawsuit 97

Eric Goldman

FEBRUARY 16, 2025

The opinions came out faster than I could blog them. I’m not going to comprehensively blog each of the opinions, but I’ll round up some highlights here to get these out of my queue. A reminder: this lawsuit is a battle royale. Each side has phalanxes of lawyers, and no point is too picayune to spar over.

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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 237

Eric Goldman

JULY 1, 2024

Unfortunately, the Supreme Court’s delay in definitively resolving this case will leave a vacuum for reviewing many other pending and imminent constitutional challenges to state laws. NetChoice appeared first on Technology & Marketing Law Blog. I will have a more complete analysis of the cases soon.

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Court Defendant Lawsuit State law 115

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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Eric Goldman

APRIL 8, 2025

The first time I blogged about them , they brought a SAD Scheme suit that initially resulted in an ex parte TRO. The second time I blogged about them , their case fell apart because their purported exclusive enforcement rights weren’t sufficient to confer copyright standing.

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Defendant Court Lawsuit State law 52

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

JANUARY 11, 2025

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. In the last month, two more copyright lawsuits over city council videos have triggered my alerts.

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Court Judge Defendant Case predictions 40

Eric Goldman

JANUARY 12, 2024

My angst-filled blog post on that ruling. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law.

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Court Software Litigator Litigation 98

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

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

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). Peopleconnect, Inc.,

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Defendant Failure-to-appear Court Lawsuit 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

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 Federal law 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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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 263

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 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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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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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

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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Richmond Journal of Law and Technology

APRIL 12, 2025

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] 3] The city of Norfolk has deployed 172 ‘Flock Safety’ ALPRs, resulting in numerous lawsuits. [4] Roberson, 113 Va.

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Judge Lawsuit Time-tracking Court 52

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

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.)

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Lawsuit Defendant Court Judge 96

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

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

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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