Eric Goldman

NOVEMBER 30, 2023

The court brushes aside of all of Source Capital’s claims. March 23, 2023) Plaintiff provides no argument or supporting legal authority suggesting that a Defendant who files a counter-notice pursuant to 17 U.S.C. § Court still grants a TRO anyway…] * DP Creations LLC v. Adolly.com, 2023 WL 5672170 (D. Utah Sept.

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Eric Goldman

FEBRUARY 7, 2024

” 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.

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Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Judge Court Defendant State law 78

Eric Goldman

APRIL 29, 2023

A: because they spend so much time in court proceedings). Protip: if you want to win in court, don’t self-describe as an “appropriation artist”). The court treats Ripps’ collection as competing against and putting downward price pressure on the original NFTs. Q: why are the apes so bored?

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Court Failure-to-appear Lawsuit State law 97

Martindale-Avvo

SEPTEMBER 8, 2023

” September 25th is the National Day of Remembrance for Murder Victims , and it’s common knowledge in the field that many criminal justice cases are brought to court in September. If the defendant is granted bail and can afford it, they get to go home. But what’s the reason for this uptick in cases?

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CaseFox

DECEMBER 21, 2023

These conflicts frequently centre on things like property rights, contract violations, personal injury, and family law-related concerns. To seek retribution or compensation for perceived harm or wrongdoing, one party (the plaintiff) files a civil litigation lawsuit against another party (the defendant).

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Litigator Litigation Dispute resolution Criminal trial 52

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. ML Genius v. A third approach?

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Court Litigator Litigation Case law 90

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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Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

If this happens, a consumer might be able to pursue a claim in court. The Consumer Protection Law Center offers information about these topics and others related to consumer rights. When the damages are relatively limited, a consumer might consider pursuing action in small claims court.

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The North Carolina Journey of Law and Technology

SEPTEMBER 21, 2023

Supporters of driverless vehicles vehemently defend the technology as “a leap forward that will keep San Francisco on the cutting edge of technology while helping more disabled people who are unable to drive to get around town and reducing the risks posed by drunk driving.”  ”  But are there laws governing their use?

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Defendant State law Court Attorney 52

Joshua Gilliland

JANUARY 12, 2016

Instead, the Court dressed down the attorneys on their meet and confer efforts: This discovery dispute has quickly transformed into a behemoth, replete with competing and disputed descriptions of at the Parties’ efforts to meet and confer. The Court found that “unacceptable.” Cedar Grove, at *5. Cedar Grove, at *7.

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Defendant Judge Court Legal advice 52

Eric Goldman

AUGUST 22, 2023

district court granted summary judgment for the Copyright Office in Thaler v. copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Perlmutter , No.

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Court Defendant State law Law 87

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. 28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. ” * Doe v.

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Defendant Failure-to-appear Court Lawsuit 85

Eric Goldman

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Next stop: the 9th Circuit. Citing Doe v.

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Failure-to-appear Defendant Lawsuit Court 87

Eric Goldman

MAY 2, 2024

Readers with good memories will recall that I have blogged several other cases against Salesforce with similar allegations, with mixed results in court. Salesforce decision closely, the court concludes that Salesforce doesn’t qualify for Section 230 immunity in the FOSTA case. Salesforce invoked the Fifth Circuit’s Doe v.

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Debevoise Data Blog

OCTOBER 26, 2021

Given that this provision of BIPA is currently being tested in the courts, this is also an important area for lawyers to monitor going forward. Preparing to defend class actions. Does the mode of consent meet particular state-law requirements, e.g. , does the relevant jurisdiction have a written consent requirement?

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Eric Goldman

MAY 5, 2023

” My post tried to translate this statement: Underneath this anodyne conclusion, the court is impliedly making two key points: (1) users’ activities do not contribute to evaluating the defendant’s 1591 exposure, and (2) the applicable scienter to get around 230 is 1591’s “actual knowledge” requirement. Case citations : J.B.

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Lawsuit Defendant Court e-filing 97

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. In 2021, the court dismissed the non-FOSTA claims but did not dismiss the FOSTA claim. Reddit cert petition was pending before the Supreme Court. Both parties appealed to the Ninth Circuit.

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3 Geeks and a Law Blog

JULY 11, 2023

We live in a country where a court of law recently ruled that the All Writs Act couldn’t compel Apple to unlock an iPhone belonging to an accused terrorists. Not all, I believe only one or two state laws in the US require it. I think we can all agree that data privacy is a fundamental and sacred, right.

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Law firm Time-tracking Due diligence Attorney 189

Eric Goldman

JULY 23, 2023

In response to a facial constitutional challenge to FOSTA, the DC Circuit upheld the law after making several narrowing constructions. The remaining ambiguity over its scope chills and inhibits socially beneficial and completely legal behavior, but the law doesn’t help reduce illegal behavior. Taamneh case.

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Lawsuit Defendant Court Hearing 66

Debevoise Data Blog

OCTOBER 18, 2021

Compensatory damages or damages between $200 and $1,000 are authorized for each unlawful sale, as are reasonable attorneys’ fees and court costs. State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. See Vance v. Amazon.com Inc. , C20-1084JLR, 2021 WL 1401633, at *2 (W.D.

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Legal Tech Monitor

JULY 11, 2023

We live in a country where a court of law recently ruled that the All Writs Act couldn’t compel Apple to unlock an iPhone belonging to an accused terrorists. Not all, I believe only one or two state laws in the US require it. I think we can all agree that data privacy is a fundamental and sacred, right.

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Law firm Time-tracking Due diligence Attorney 52

Eric Goldman

DECEMBER 29, 2023

The court holds that Section 230 applies to the claims. ” The court responds that “Grindr’s match function relies on and publishes a user’s profile and geolocation data, which is third-party content generated by the user.” The court rejects Doe’s attempted Lemmon v. ICS Provider. Publisher/Speaker Claims.

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Lawsuit Defendant Court Failure-to-appear 78

Eric Goldman

MAY 5, 2024

Given all of these variables, the Supreme Court cannot possibly provide a single test to resolve every case over government employees using social media. Still, I was hopeful we might get some clarity when the Supreme Court took two cases with different facts and divergent lower court outcomes.

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Court Defendant Law Law 64

lennyesq

JUNE 5, 2023

By Sydney Kashiwagi , CNN A federal judge in Tennessee has ruled that a state law limiting public drag show performances represented an “unconstitutional restriction on the freedom of speech.” “As As a matter of text alone, the (Adult Entertainment Act) is a content, and viewpoint-based restriction on speech.

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Judge Defendant Law Law 66

Debevoise Data Blog

JANUARY 14, 2022

A CID is a type of Commissioner-authorized subpoena, enforceable in court, that subjects the recipient to a number of formalized processes and timelines. To establish individual liability, the FTC must show that the individual defendant participated directly in the illegal practices or had authority to control them. 18] In FTC v.

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Compliance Court Litigator Litigation 52