article thumbnail

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Eric Goldman

When Meta sued Bright Data for breaching Facebook’s and Instagram’s ToS, the defendant successfully argued that since the scraping occurred without logging into its platforms’ accounts, it did not constitute “use” of the platform and thus did not breach the ToS. It lost for two reasons: one grounded in contract law and the other external.

Judge 109
article thumbnail

Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor

Eric Goldman

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. ” The court cites Force v. The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

So long, Chevron?: How a Group of New England Fishermen Challenged the Longstanding Chevron Approach.

The Barrister

Federal administrative law impacts nearly every element of our lives. The Supreme Court in Chevron, U.S.A., 837 (1984), created a two-part framework for litigation involving congressional statutory law and regulatory agencies that enforce that law. 11] Image: US District Court. Relentless and Loper Cases A.

Court 52
article thumbnail

It Turns Out You Can’t “Sue the CDA”–Fyk v. US

Eric Goldman

His lawsuit against Facebook was dashed by Section 230 in the district court. The Supreme Court denied cert. Thereafter, he tried to vacate the district court decision, which triggered a new cycle of rejection by the district court, the 9th Circuit, and the Supreme Court. Freedom Def. Initiative v. Sessions, 697 F.

Lawsuit 80
article thumbnail

Online Marketplace Defeats Lawsuit Over Murder–Roland v. Letgo

Eric Goldman

” The court summarized: According to plaintiffs, Letgo created an illusion that accounts like Mr. Brown’s could be trusted but undertook no actual verification procedures. The court again rejects for lack of causation. The court says all of the highlighted statements were substantially true. Consumer Protection Act.

Lawsuit 95
article thumbnail

The Supreme Court TransUnion Case: Part 2—What It Means for Efforts to Defeat Class Certification?

Debevoise Data Blog

Supreme Court TransUnion decision. On June 25, 2021, the Supreme Court issued a significant opinion on standing in the context of consumer class actions in TransUnion LLC v. The Supreme Court affirmed that certain members of a class action lacked standing—and therefore could not be members of the class. The Opinion.

Court 40
article thumbnail

Justia Legal Resources: Banking and Finance Law Center

Justia Legal Marketing & Technology blog

If they can prove that the defendant acted negligently , an investor may recover damages for their losses. This generally means that the defendant breached a duty that they owed to the investor, which caused them to lose money or miss out on profits. Other federal laws regulate mortgage lending when a consumer purchases a home.

Law 86