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If youre considering bringing a lawsuit, or if youve been sued by someone else, you may come across a lot of unfamiliar terms and concepts. A section of the Lawyers and the Legal Process Center in the Justia Legal Guides tries to make lawsuits and the court process more accessible to the average person.
Failing to meet accessibility standards not only limits access to your legal services but can also lead to costly lawsuits and damage to your firm’s reputation. Reduces legal risk by proactively addressing ADA compliance before a lawsuit occurs. Proactive compliance is far less costly than defending a lawsuit.
In a judicial foreclosure , the lender seeks a judgment from a court to foreclose on the home. A homeowner who has a defense to foreclosure can raise the defense in response to the lawsuit. On the other hand, a non-judicial foreclosure allows a lender to foreclose on the property outside court.
Separately, he brought a lawsuit over the Are We Dating the Same Guy? ” (Plus, the court notes that while he’s in prison, his job prospects are limited). Section 230 The court says it doesn’t need to address Section 230 because the claims all fail on their prima facie elements.
The court reproached Tesla’s refusal to cooperate and raised a slippery-slope concern that every famous person could “hide behind the potential for their recorded statements being a deepfake to avoid taking ownership of what they did actually say and do.” The Court responded , “That’s probably enough to get it in.”
The court summarizes the plaintiffs’ allegations: D.G. Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s The court dismisses Roblox, Google, and Apple from the case. Plaintiffs further allege that D.G.s
The TOS doesn’t impose such a duty: “nothing in the Terms promises or guarantees that Defendant will work with a user to restore access to an account at all, let alone on a specific timeline. The Terms only state that Defendant may take certain actions in response to harmful conduct or violating content.”
Although the case was just settled, this lawsuit was not Nikes first foray into patent infringement litigationnor is it likely to be its last. In its lawsuit, Nike sought both damages and a permanent injunction to stop Lululemon from producing the allegedly infringing designs. The lawsuit was settled in 2021.
However, unlike phone calls, text messages leave a written record that can later be reviewed, and, in some cases, used as evidence in court. We have all heard about the lawsuit involving Blake Lively and Justin Baldoni. In response, Baldoni released additional messages in an attempt to defend himself. Brandt at www.cozen.com.
Pandabuy initially no-showed in the case, so the court converted the TRO to a preliminary injunction. Pandabuy eventually showed up in court and explained how it operates more like a passive facilitator than a seller or manufacturer. This additional context prompted the court to dissolve the injunction. SAD Scheme Cases Suck.
AI footnote fail triggers legal palmface in music copyright spat Thomas Claburn An attorney defending AI firm Anthropic in a copyright case brought by music publishers apologized to the court on Thursday for citation errors that slipped into a filing after using the biz’s own AI tool, Claude, to format references.
While AI promises efficiency and cost savings, a recent case in the United States District Court for the District of Wyoming serves as a stark reminder of the dangers of including unverified AI-generated content in court filings. The court discovered that eight of those cases did not exist. Walmart Inc. &
Riehl asked ChatGPT to summarize a lawsuit involving the foundation. Riehl knew that ChatGPT’s claim was fishy and that the ChatGPT version he was using had an index cutoff date before the lawsuit filing. The court then says: the undisputed evidence establishes that OpenAI did not act with “actual malice.”
Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users for inappropriate statements and would unmask harassers. The court disagrees. This opinion raised numerous Section 230 jurisprudential issues. ” What?
Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. If these justifications sound familiar, it’s because these are the generic rotely-made defendant-unspecific allegations that are copied and pasted into most SAD Scheme complaints. .” Seriously, Toyota?
Unlike legal briefs , case briefs are not submitted to the court or opposing counsel. Some basic elements of a case brief include summaries of the facts, procedural history, the main legal issue of the case, and the courts holding. However, there are other essential steps in writing a useful case brief.
The real challenge often lies in defending that patent. The goal is for competitors to look at your patent and decide they would rather stay out of your market or pay you a licensing fee than try to fight your patent in court. This involves lawsuits, settlements, and sometimes courtroom battles.
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. 1] Proving Defendants Use of Training Data Inputs. In Millette v. OpenAI, Inc.,
Why Litigation Experience Matters in a Patent Attorney One of the most overlooked but highly valuable assets in a patent attorney is litigation experience specifically, experience arguing patent cases in federal court. It could be the difference between owning IP that looks good on paper and IP that actually protects your market.
Brett Trout Patent litigation is often complex and high-stakes, but the case involvingLeigh Rothschild, Starbucks, and attorney Rachael Lamkinhas taken an unusual turn, morphing from a patent infringement lawsuit into allegations of fraud, and now, a defamation battle? from defendants through AT.
The court summarizes the case: Rodney Woodland, a freelance artist and model, posts semi-naked photographs of himself in different poses on Instagram. The court displayed all of the photos side-by-side, so of course we’re going to look at them. I guess that makes me old-school. So I think this is a SFW post.
This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. The court dismisses the case entirely with leave to amend. This doctrinal move doesn’t work.
The court disagrees but gives plaintiffs leave to amend. (As The court says these allegations aren’t good enough in light of Hamidi. First, the court says the mere placement of cookies, without more, doesn’t show any actual injury to the plaintiffs. The court cites Doe I v. Case Citation : Doe v.
Prepare for Litigation Draft contracts that account for AI-generated trade secrets Work with counsel to ensure NDAs and IP clauses hold up in court If a breach happens, move fast—evidence disappears quickly 5. laws, like the Defend Trade Secrets Act, offer some protection.
Brett Trout The Cost of Defending Your Patent As an inventor or patent holder, your intellectual property represents years of hard work, creativity, and financial expenditures. Resources: Patent litigation often involves technical experts, discovery, and court proceedings. Lets work together to protect the value of your innovation.
Recently, the companys aggressive enforcement of its intellectual property (IP) has taken center stage, with high-profile lawsuits targeting game modders, emulator developers, and companies like Pocketpair, the creators of Palworld. The lawsuit seeks damages and an injunction against the games continued distribution?
Brett Trout In a recent decision by the Court of Appeal of the Unified Patent Court (CoA) dated December 20, 2024, the court underscored the critical importance of precise patent drafting. The case involved Alexion Pharmaceuticals, Inc., which faced significant challenges to its patent due to inaccuracies in its patent claims.
At this point, I’ve not paid close attention to the proceedings because everything at the district court level is a rehearsal for the inevitable appellate court review. A reminder: this lawsuit is a battle royale. I’m sure the appellate court will be eager to docket this one.
At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. violations; but I also think it’s clear this lawsuit is going to fail eventually. Their efforts have not been going well. the not-as-a-mark doctrine).
Flixbus successfully defends by saying that the plaintiff consented to the disclosures via its TOS. The court correctly calls this a “clickwrap.” ” The court says that the TOS made adequate disclosures of the pixel’s conduct. This is a Meta Pixels case involving the bus service Flixbus.
The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. The 2024 district court opinion. Case Citation : Seneca v.
The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed preliminary injunction. Echoing Patmont, the court said the “post-domain path of a URL, however, does not typically signify source.
Though Microsoft is the named defendant in the case, the real players here are the New York Times and OpenAI. In April, the court ruled on Microsoft and OpenAI’s motions to dismiss. The court agreed. It’s the king of US legacy media suing the company that is synonymous with generative AI in the United States. Opinion at 17.
The plaintiff brought a putative class action lawsuit against Capital One based on Washington’s anti-spam law and related claims. Capital One defended on Section 230 grounds (among others). The district court agrees with the plaintiff. ” Groan. Still, the opinion sidesteps a key conceptual problem with this case.
But the rise in dupes has brought a corresponding rise in dupe lawsuits, or at least lawsuits that offer up defendants’ or consumers’ use of the term “dupe” as evidence of confusing similarity or intent to deceive. At the same time, this lawsuit seems to have inspired a lot of interest—in the Costco products.
These predictions are based on analysis of large datasets, often including judicial decisions, court filings, case law, and other legal data. For example, by analyzing court decisions, a predictive analytics tool can assess your possible chances of winning using certain procedures and estimate the potential costs and awards.
Mitigate Malpractice Risks and Legal Disqualifications Overlooking conflicts invites catastrophic consequences: malpractice lawsuits, court sanctions, or forced withdrawal from cases. Defend the Firm’s Reputation and Client Trust A single conflict oversight can irreparably damage a firm’s credibility.
Startup IYO, spun out of Google’s moonshot X lab, just won a major victory in its lawsuit against OpenAI, Sam Altman, and Ive’s design studio LoveFrom. District Judge Trina Thompson issued a temporary restraining order barring the defendants from using the name “IO” to market their new AI device—at least for the time being.
Build a Barrier to Imitators Registering your trademark puts competitors and counterfeiters on notice that your brand is legally protected, and that you are prepared to defend it. Having the knowledge of what it takes to win a trademark infringement lawsuit helps inform the best practices on the registration side.
[Note: the defendants in this case are enumerated on an “Annex A” instead of “Schedule A.” Judge Harjani says the plaintiff’s papers contain “a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship.”
The defendant Nivoda is an online retailer[FN] that displays how its prices are discounted compared to the Rapaport prices (see screenshot). ”] This lawsuits raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? Note: the court surely meant Nivoda, not Rapaport.
On June 27, 2025, Lululemon filed a federal lawsuit accusing Costco of selling “confusingly similar” knockoffs of its best-selling clothes—including its Scuba hoodies, Define jackets, and ABC pants. But instead of getting public support, Lululemon is facing an uphill battle in the court of public opinion.
The court says that Viral DRM’s exclusive “management” rights is not the same as ownership or an exclusive license to the copyright. The court says that Viral DRM doesn’t have standing to enforce the copyright. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Seven West Media Ltd.,
Whether copyrighted works can be freely used to train generative artificial intelligence (“AI”) models is at the core of dozens of lawsuits filed since AI burst onto the scene several years ago. Following a contentious discovery period, defendants in Anthropic moved for summary judgment and asserted a fair use defense on March 27, 2025.
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