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How to File a Motion to Dismiss

Clio

For any lawyer defending a client in a lawsuit, they require the ability to utilize a powerful tool in their arsenal–the motion to dismiss. By seeking to dismiss a case early in the litigation, you can potentially prevail without the trouble of full-blown discovery and a trial. What is a motion to dismiss? In some U.S.

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Sad that Twitter Deplatformed Trump? Don’t Take It to Court–Rutenberg v. Twitter

Eric Goldman

Despite these developments, she pressed on with her litigation. Her parallel state court litigation gets an equally chilly reception. The state appellate court treats this case as an easy Section 230 dismissal. Case citation : Rutenberg v. The Ninth Circuit needed only 3 paragraphs to say NOPE. ” Cites to Murphy v.

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Seven Tips for Reducing CCPA Litigation Risks – Lessons from the First 18 Months

Debevoise Data Blog

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. The Defendant has filed a second motion to dismiss following the Plaintiff’s filing of a second amended complaint. At least one lawsuit seeks to do this.

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Eric Goldman

The case law in the Ninth Circuit — the other appellate circuit central to developing copyright law, especially regarding new technologies — seems to support the Seventh Circuit’s majority approach. However, it was sometimes not as clear as the case law of other circuits. A third approach?

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Section 230 Applies to Tweeted Links to Defamatory Content–Coomer v. Donald J. Trump for President

Eric Goldman

You would recognize several of the defendants’ names as frequent sources of misinformation and lies. This post focuses only on one corner of the lawsuit. ” That interpretation of Section 230 is obviously wrong, and the appeals court simply replies that “case law from other jurisdictions is uniformly to the contrary.”

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

Neither Time nor BuzzFeed was named as a defendant. The legislative history also expressed an intent to retain existing case law on vicarious liability of a principal for the acts of its agents, including independent contractors. (See the screenshot on the right). 94-1476 , at 61 (1976). 94-1476, at 159-60. 3d at 593. [To

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Everything You Need to Know About Motion Practice 

CaseFox

Motion practice shapes the case, and if you want to handle your cases more professionally, understanding motion practice is essential. Legal motion management is an essential aspect of the litigation process. Legal motions allow parties to assert their rights, and seek relief from the court regarding certain cases.