Eric Goldman
NOVEMBER 2, 2023
The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Even pro se litigants typically recognize these cases are doomed and rarely file them any more. ” The court cites Force v. Facebook , but it could have cited to any of literally hundreds of cases.
Eric Goldman
JUNE 23, 2023
Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. The court says the issue of standing to challenge 230’s constitutionality was already litigated and decisively resolved in AFDI v. Freedom Def. Initiative v.
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The Barrister
APRIL 24, 2024
Federal administrative law impacts nearly every element of our lives. 837 (1984), created a two-part framework for litigation involving congressional statutory law and regulatory agencies that enforce that law. Here, federal court defers to the administrative agency’s permissible construction of the statute. [5]
Eric Goldman
FEBRUARY 7, 2024
It said 230 was not available to Letgo because, per Accusearch , “Plaintiffs have sufficiently pleaded, for a motion under Rule 12(b)(6), that Defendants contributed in part to the allegedly offending ‘verified’ representation.” That was an obviously problematic conclusion.
Justia Legal Marketing & Technology blog
SEPTEMBER 29, 2023
This allows a large number of consumers who have suffered the same type of harm caused by the same defendant to pursue their claims as a group. Class actions must meet certain requirements under federal or state procedural rules. In some cases, a consumer might resort to alternative dispute resolution , rather than litigation.
The Law Product Makers blog
NOVEMBER 16, 2021
Already published applications included a letter to landlords requesting a rent deferral under Federal Law due to the pandemic and a letter to mortgage lenders requesting mortgage forbearance also under Federal Law. SixFifty uses a proprietary document automation platform created by Wilson, Sonsini.
Debevoise Data Blog
JULY 13, 2021
between (i) a plaintiff’s statutory cause of action to sue a defendant over the defendant’s violation of federal law and (ii) a plaintiff’s suffering concrete harm because of the defendant’s violation of federal law.” The Supreme Court identified “an importance difference.
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