Legal Tech Monitor

OCTOBER 20, 2023

The current national standards for public defender caseloads, set in 1973, are “ outdated, not empirically based, and inadequate ” and should be updated for public defenders to adequately represent indigent clients, according to findings from a recent study. that encompass the work of public defenders. Constitution.

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Defendant Criminal Defense Court Hearing 52

CaseFox

APRIL 13, 2023

However, not all personal injury claims are successful in court. Here are the top reasons why personal injury claims fail in court. In order to win a personal injury case, the plaintiff must provide sufficient evidence to prove that the defendant was negligent or intentionally caused the injury.

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Court Defendant Lawsuit Attorney 98

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). The court describes the phenomenon: This case is one of many in the Northern District of Illinois’s “cottage industry” of “Schedule A” cases. The defendant sold the flag below it.

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Court Defendant Judge Litigator 79

Above the Law - Technology

MARCH 21, 2024

The product, which is in beta, generates a Microsoft Word document formatted for the federal court system. Users in state courts will have to customize the formatting to fit local requirements. Defendant’s misgivings, meaning any facts that might demonstrate the defendant’s lack of character or empathy.

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Lawsuit Legal tech Legal tech Defendant 314

Legal Tech Monitor

NOVEMBER 3, 2023

The Illinois Supreme Court announced this week amendments to Rule 299 that will double compensation for an attorney appointed by a court in Illinois to represent an indigent party. The amended Rule raises attorney compensation to $150 per hour, up from its previous minimum of $75 per hour. The amendments are effective on Jan.

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Court Attorney Defendant Litigator 52

Eric Goldman

JULY 14, 2023

The latest ruling addresses YouTube’s motion to dismiss the fourth amended complaint, which the court grants with prejudice. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. Elenis Supreme Court ruling, but I wonder how it might apply to this case.

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Lawsuit Court Machine learning Defendant 78

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory.

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Defendant Judge Court Litigator 99

Legal Tech Monitor

SEPTEMBER 8, 2023

The Illinois Supreme Court has officially found that operational challenges in Illinois circuit courts will necessitate remote pretrial hearings to comply with the pretrial release provisions of the SAFE-T Act, according to an Order issued in late August.

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Hearing Court Defendant Judge 59

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. It doesn’t work.

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Lawsuit Defendant Court Software 75

Eric Goldman

AUGUST 30, 2023

The court denies a preliminary injunction. Though the court says it’s a close question, the court says that the plaintiff does not have a likelihood of success on the merits. To analyze this, the court applies the standard likelihood of consumer confusion factors. ” Defendant intent. Not relevant.

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Lawsuit Court Defendant Litigator 85

Legal Tech Monitor

JANUARY 20, 2024

A recent Bloomberg Law story by Jacqueline Thomson reminded me of the question posed by Richard Susskind a few years ago: Is a court a service or a place?” The pandemic and other factors suggest the answer is that fundamental fairness demands our courts be less of a place and more of a service. Court of Appeals for the Fourth Circuit.

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Judge Court Defendant Litigator 52

TechLaw Crossroads

JANUARY 20, 2024

A recent Bloomberg Law story by Jacqueline Thomson reminded me of the question posed by Richard Susskind a few years ago: Is a court a service or a place?” The pandemic and other factors suggest the answer is that fundamental fairness demands our courts be less of a place and more of a service. Court of Appeals for the Fourth Circuit.

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Judge Court Defendant Litigator 52

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts.

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Defendant Judge Failure-to-appear Court 98

Eric Goldman

FEBRUARY 18, 2024

The court says, per Taamneh v. 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.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated.

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Judge Defendant e-records Court 86

Eric Goldman

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). Note: this case is functionally moot because the defendant, Sunfrog, is already defunct. The question on the table is supposed to be: did the defendant take a legally significant action that resulted in the infringement?

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Defendant Lawsuit Judge Court 99

Legal Tech Monitor

NOVEMBER 30, 2023

The Illinois Supreme Court Commission on Access to Justice (ATJ Commission) will release redesigned versions of statewide standardized form sets in January 2024. For a list of standardized statewide court forms that have been approved by the A2J Commission, click here. All Illinois courts must accept these forms.

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Court Defendant Attorney Law 52

LawSites

DECEMBER 1, 2021

The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.

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Court e-filing Notary Hearing 120

Clio

FEBRUARY 20, 2024

courts, they will be dealing with motions filed in court. This means that the ability to write a motion for court is central to a litigator’s potential for professional success–especially for mid-sized or smaller firms without the vast resources of Big Law. What is a court motion?

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Court e-filing e-discovery Judge 52

Eric Goldman

MAY 8, 2024

The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. Publisher/Speaker Claims. Publisher/Speaker Claims.

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Liquid Litigation Management, Inc.

SEPTEMBER 25, 2018

While it is common to hear about large corporate defendants being sanctioned in huge products liability cases for not properly disclosing information, an individual plaintiff being sanctioned for the same offense is far less common. In the Order Judge Milazzo stated: The Court is troubled by Gahan’s conduct.

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Defendant Litigator Litigation Judge 52

Clio

AUGUST 17, 2023

While objections may be less dramatic in real life, trial lawyers must undoubtedly understand how to use different types of objections in court. The judge may overrule your objection in court. The following types of objections in court are generally based on the rules of evidence most common in American jurisdictions.

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Court Defendant Judge Attorney 52

Eric Goldman

FEBRUARY 22, 2024

With the CAS’s demise, both sides essentially bet that the courts would side with them. The appeals court rejected the vicarious claims but upheld the contributory claims. Vicarious Infringement The appeals court says that Cox lacked the requisite “direct financial interest” in subscribers’ infringements.

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Defendant Court Failure-to-appear Lawsuit 102

Discovery Advocate

JUNE 7, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Eric Goldman

APRIL 13, 2023

I imagine other prisons have this policy too, but they aren’t defendants in this case). The court says this interpretation of the policy may violate the prisoner’s First Amendment rights. ’ Court Replies: ‘Free the Emojis’–Taliani v. FreeTheEmojis. Case citation : Taliani v. Dortch, 2023 U.S.

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Court Defendant Law Law 71

Eric Goldman

DECEMBER 30, 2023

For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Normally, SAD Scheme rightsowners don’t sue online marketplaces because that brings in well-funded and highly motivated defendants who will jack up the litigation costs substantially. This is an unusual move.

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Defendant e-discovery Lawsuit Court 71

Eric Goldman

DECEMBER 5, 2023

A signature feature of SAD Scheme cases is that rightsowners typically try to seal defendants’ identities. But sealing defendants’ identities directly conflicts with courtroom transparency, a foundational principle essential for trust in our judicial system. Those defendants never reach the default judgment stage.

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Judge Defendant Court Litigator 73

Eric Goldman

JANUARY 11, 2024

The court dismisses them all. The 9th Circuit reverses the district court on the Section 230 dismissal, but it proves inconsequential because all of the claims fail for lack of merit. These allegations do not treat Defendants as publishers or speakers and therefore are not covered by the CDA. Is that what’s going on here?

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Defendant Court Litigator Litigation 72

Brett Trout

MAY 6, 2024

Finally, if the accused seller files a declaratory judgment of noninfringement, Amazon will abide by the court’s ruling. The accused infringer is much more likely to file the lawsuit in their own state or a state with courts more favorable to their position. This was the case in SnapRays, d/b/a SnapPower v.

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Lawsuit Dispute resolution Court Defendant 52

Eric Goldman

OCTOBER 17, 2023

The Court Opinion Greer was a target of one of Kiwi Farms’ attacks. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The appellate court revives the claim. The court says it does–a logical and defensible conclusion.

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Defendant Failure-to-appear Court Law 93

Eric Goldman

FEBRUARY 21, 2024

Snapchat successfully defends on Section 230 grounds. ” [A reminder that court-ordered identity and age verification requirements likely violate the First Amendment; the other claims may do so as well.] Alternatively, the court could have said that the plaintiffs have no claim without relying on third-party content.

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Defendant Failure-to-appear Court Judge 63

Eric Goldman

MARCH 12, 2023

The court’s 230 analysis is a little garbled, but 230 applies to third-party reviews. The court responds: “the nature of the information communicated by the letter grade would lead a reasonable person to believe that BBB was expressing an opinion.” .” Section 230. Defamation.

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Defendant Mediator Court Lawsuit 101

Eric Goldman

DECEMBER 10, 2023

Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” Indeed, as discussed below, many courts have held Amazon liable for reselling third-party products). Cites to McCarthy v. Amazon , Ratermann v. Amazon , Joseph v.

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Lawsuit Defendant Failure-to-appear Court 62

Eric Goldman

JULY 26, 2023

for now…) CFAA claims Chegg brought a CFAA claim against the defendant because: 1) its data is behind a log-in screen; 2) Chegg thinks that the defendant got the data while using a free trial; and 3) the defendant is still using the data to undermine Chegg’s core business after getting the cease-and-desist letter.

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Defendant Intellectual Property Court Judge 85

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

The Arizona Supreme Court held in January 1976 that the trial court had the power to assert the privilege in the absence of the person who made the confession. Financial provisions in the agreement also may describe the payment of court costs or any other expenses beyond the attorney’s fee.

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Lawyer Mediator Lawsuit Defendant 80

Cyber Crime Review

NOVEMBER 14, 2022

In what I would call a very significant case, a New York federal court has held that failure to examine a defendant’s imaged hard drive within 15-months after it was obtained was an unlawful seizure in violation of the Fourth Amendment. In United States v. Metter , 2011 U.S. LEXIS 155130 (E.D.N.Y. LEXIS 155130 (E.D.N.Y.

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Court Defendant Electronic discovery Law 40

Eric Goldman

NOVEMBER 28, 2023

” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts. Schedule A Defendants My Declaration Identifying Emoji Co. The Piece concludes with some ideas about ways to curb the system. Emoji GmbH v.

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Intellectual Property Defendant Litigator Litigation 69