Eric Goldman

JUNE 1, 2025

To dispose of various motions, the court must construe the statutory term “social media platform.” The court recognizes this drafting flaw: the text of the social media platform definition is broad. –the court sides with the statutory text and its massively overbroad definition.

Defendant 89

Defendant Court Failure-to-appear Judge 89

Eric Goldman

FEBRUARY 17, 2024

The court says this implementation isn’t a sign-in-wrap because the CMG terms lacked a call-to-action: “the login through Facebook screen never informed Plaintiff that acceptance of a separate agreement was required before she could access the service, which is the defining feature of a sign-in wrap agreement.”

Court 115

Court Failure-to-appear Judge Litigator 115

Eric Goldman

APRIL 25, 2025

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

Lawsuit 76

Lawsuit Defendant Court Failure-to-appear 76

Eric Goldman

DECEMBER 18, 2024

The district court dismissed the complaint in 2022. After more time and money at the district court, Facebook should have no problem defeating it.” ” Unsurprisingly, on remand, the district court dismisses the contract breach claim. Facebook appeared first on Technology & Marketing Law Blog.

Failure-to-appear 52

Failure-to-appear Lawsuit Court Case law 52

Eric Goldman

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. The district court decided that JLM owned the accounts using a six-factor test it created. ” (Cite to Pierson v.

Court 105

Court Failure-to-appear Lawsuit Judge 105

Debevoise Data Blog

NOVEMBER 12, 2024

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigator 52

Eric Goldman

AUGUST 31, 2023

The court dismissed the case without prejudice. ” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. .” A Twitter user sued over his account suspension. Blog post coverage of that ruling here. The user tried again. Same result.

Lawsuit 125

Lawsuit Failure-to-appear Court Law 125

Eric Goldman

JULY 21, 2024

Those items got indexed in Google and appeared in Benedict’s vanity searches. To get around it, Todino argued that he was suing for failure to remove the postings. (I The court cites the old Lycos case for the proposition that 230 applies to failure to remove, even after notice. ” Defamation. Harassment.

Lawsuit 98

Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

OCTOBER 17, 2023

The Court Opinion Greer was a target of one of Kiwi Farms’ attacks. “Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. CloudFlare’s block ).

Failure-to-appear 116

Failure-to-appear Defendant Law Law 116

Eric Goldman

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

Failure-to-appear 116

Failure-to-appear e-records Court Law 116

Eric Goldman

SEPTEMBER 28, 2024

” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true. .” ” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true.

Lawsuit 106

Lawsuit Failure-to-appear Defendant Court 106

CloudNine

MAY 15, 2025

Failure to identify a source through interviews could result in data loss. Demonstrate a defensible process, as courts expect counsel to make a good-faith, thorough effort to find relevant ESI. The stakes are high: poor interview and collection strategies can result in spoliation, sanctions, and reputational damage.

Time-tracking 76

Time-tracking Failure-to-appear Analytics Litigator 76

Eric Goldman

APRIL 24, 2025

JustAnswers’ TOS formation process was rejected in the California state courts. It fares no better in federal court. The term “advisal” appears 29 times in this opinion, which confused me on two fronts. The term “advisal” appears 29 times in this opinion, which confused me on two fronts.

Failure-to-appear 52

Failure-to-appear Judge Court Litigator 52

Eric Goldman

AUGUST 13, 2024

To get around this, Smith argued that blackmail is a crime, but the court cited Coffee v. Finally, Smith claimed that Substack’s “sheer failure to respond to [his] multiple reports, queries, and complaints was negligence.” Maybe the court was thinking of Yahoo’s promise to Barnes to remove posts? Google in response.

Failure-to-appear 106

Failure-to-appear Defendant Court Law 106

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. . ” Cites to Mosha v. Facebook , Herrick v.

Failure-to-appear 105

Failure-to-appear Defendant Judge Court 105

MatterSuite

FEBRUARY 28, 2025

A breach may involve failure to deliver, disputed terms, or complete non-performance. Such breaches can stem from various factors, including: Reliance on third parties An instance that many people will have encountered is the supplier’s failure to deliver services to their clients. But how do they manage to avert such problems?

Failure-to-appear 52

Failure-to-appear Time-tracking Compliance Contract management 52

Eric Goldman

APRIL 4, 2023

The court dismisses the lawsuit. Failure to Honor Counternotice. The court says Google’s “alleged failure to comply with § 512(g) does not create direct liability for any violation of plaintiffs’ rights. This case involves a UGC anime site called Gelbooru, run by Hopson. ” Cites to Martin v.

Failure-to-appear 97

Failure-to-appear Court Lawsuit Lawyer 97

Clio

OCTOBER 29, 2024

Book a demo of Clio Manage’s Court Rules feature and automate court deadline reminders with ease! For instance, it is most commonly used in both civil and criminal litigation for tracking court appearances, deadlines, and other time constraints. Ready to streamline your legal docketing process? What is legal docketing?

Law firm 52

Law firm Time-tracking Law Law 52

Clio

FEBRUARY 28, 2025

Weve written extensively on how lawyers can use AI responsibly and, as yet another court decision is released addressing lawyers use of AI, its never been more important to understand the risks and limitations of AI use. How did the court respond to the hallucinations? Learn how it works. What are AI hallucinations?

Lawyer 52

Lawyer Court Failure-to-appear Legal research 52

Eric Goldman

JUNE 7, 2024

The court dismisses Bloom’s lawsuit against US Weekly. The court says these allegations aren’t enough to satisfy the actual malice standard. Elon Musk “secretly” fathered twins with his subordinate Shivon Zilis. When the news came to light, it triggered a “tabloid feeding frenzy.” Defamation.

Failure-to-appear 98

Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

MAY 18, 2023

Supreme Court [FN]. Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law.

Defendant 142

Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

JUNE 9, 2025

But on June 4th, Reddit sued Anthropic in the Superior Court of California for breach of contract, unjust enrichment, trespass to chattels, tortious interference, and unfair competition. Almost all of the major legal scraping precedents happened in the Northern District, and it is definitely unusual that this was filed in state court.

Lawsuit 57

Lawsuit Failure-to-appear Court Defendant 57

MatterSuite

JUNE 8, 2025

In today’s fast-paced legal environment, in-house legal teams are under increasing pressure to do more with less. Rising regulatory demands, growing litigation risks , and the need for cost efficiency make legal matter management a critical function, not just an optional tool. These platforms aren’t some flashy tech toy; they’re a lifeline.

Time-tracking 52

Time-tracking Failure-to-appear Compliance Software 52

Eric Goldman

FEBRUARY 17, 2025

The superior court found that Facebook violated this law and awarded $35M in penalties and attorneys’ fees as well as an injunction. In December 2024, the appeals court affirmed everything. First Amendment The court says that campaign disclosure laws usually get “exacting” scrutiny (like intermediate scrutiny).

Law 52

Law Law Court Failure-to-appear 52

Eric Goldman

NOVEMBER 2, 2023

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . ” The court cites Force v.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

SEPTEMBER 29, 2023

If not, why didn’t it work and what lessons can we learn from its failure? The post SHOP SAFE Act Reintroduced, Because Some Congressmembers Really Want to Kill Online Marketplaces appeared first on Technology & Marketing Law Blog. This week, Sens. As a result, it remains terrible. What have we learned since then?

Failure-to-appear 116

Failure-to-appear Judge Court Law 116

Eric Goldman

JANUARY 27, 2024

The district court initially dismissed all of the claims for their lack of merit, after discussing Snap’s Section 230 defense irresolutely. Assuming the court is right the move isn’t pretextual, it’s still a Pyrrhic victory for the plaintiffs. The plaintiffs tried again, with the same result. Section 230. Negligence.

Failure-to-appear 97

Failure-to-appear Court Litigator Litigation 97

Eric Goldman

NOVEMBER 6, 2023

Watch it at [link] Despite the obvious overlaps, the district court ruled for Epic because it thought the emote took such a small amount of the dance and short dance routines aren’t protected by copyright. This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic.

Failure-to-appear 105

Failure-to-appear Court Lawsuit Litigator 105

Eric Goldman

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. hiQ Labs I, 938 F.3d

Defendant 127

Defendant Court Failure-to-appear Litigator 127

Eric Goldman

FEBRUARY 21, 2024

” [A reminder that court-ordered identity and age verification requirements likely violate the First Amendment; the other claims may do so as well.] Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. cite to LW v.

Defendant 95

Defendant Failure-to-appear Court Judge 95

Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. Cites to McCarthy v. Amazon , Ratermann v.

Lawsuit 95

Lawsuit Defendant Failure-to-appear Court 95

Eric Goldman

MARCH 8, 2024

First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts. The rule of law is nominally satisfied if the defense gets an opportunity to correct those errors, but in practice the SAD Scheme TRO often has irreparable consequences, and further proceedings in the court are irrelevant.

Defendant 112

Defendant Judge Failure-to-appear Court 112

MatterSuite

NOVEMBER 29, 2024

An attorney’s reputation can improve based on their success or failure in communicating with clients. Miscommunication leads to misunderstanding and client dissatisfaction that can be translated into poor performance of cases in court. When you meet with your client, pose questions, be patient, and listen to what they say.

Law firm 52

Law firm Legal CRM Law Law 52

Eric Goldman

APRIL 1, 2024

The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” The court is unpersuaded. The court doesn’t appreciate this argument: these are children we’re talking about. [A reminder that I don’t do April Fools’ pranks.] Statutory Standing.

Defendant 98

Defendant Failure-to-appear Court Hearing 98

Eric Goldman

JUNE 17, 2023

On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. The court also held that plaintiffs were permitted to proceed pseudonymously. GitHub, Inc.

Defendant 132

Defendant Machine learning Lawsuit Court 132

Eric Goldman

DECEMBER 26, 2023

With regard to Plaintiffs’ failure to warn claims, Section 230 immunity does not apply since the conduct at issue was Defendants’ conduct and not the conduct of third parties. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. March 31, 2021). Puppies, 2020 Ariz. LEXIS 851 (Az. Superior Ct.

Defendant 98

Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

OCTOBER 16, 2023

Thus, the court says: “the steps a business would need to take to sufficiently estimate the age of child users would likely prevent both children and adults from accessing certain content. The age estimation and privacy provisions thus appear likely to impede the “availability and use” of information and accordingly to regulate speech.”

Court 110

Court Failure-to-appear Data protection Judge 110