Berkley Technology Law Journal

JUNE 23, 2025

What our limited case law tells us In some cases, judges have displayed strong displeasure at a party trying to pass the buck by crying “deepfake” without basis. Khalilian , defense moved to exclude a voice recording ostensibly showing the defendant making threats on the grounds that it could be deepfaked. In Huang v.

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Case law Judge Defendant Law 130

Justia Legal Marketing & Technology blog

AUGUST 13, 2024

When a victim suffers preventable harm, they usually can bring a claim or lawsuit for compensation. The Personal Injury Law Center provided by Justia outlines this area of the law. Bringing a third-party lawsuit can help a worker recover certain types of damages that are not available through workers’ compensation.

Workers Compensation 264

Workers Compensation Defendant Law Law 264

Justia Legal Marketing & Technology blog

OCTOBER 8, 2024

The Products Liability Law Center in the Justia Legal Guides aims to illuminate this area of the law, helping injured people protect their rights. Negligence involves showing that the manufacturer or other defendant failed to use appropriate care. A plaintiff may raise both theories if state law and the facts of the case permit.

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Defendant Law Law Lawsuit 264

Justia Legal Marketing & Technology blog

MARCH 11, 2025

What Do You Need To Prove in a Birth Injury Lawsuit? Birth injury lawsuits usually involve negligence claims. If the defendant did something especially blameworthy, punitive damages might be awarded as well as compensatory damages, but these arent typical. The statute of limitations is a deadline for bringing a lawsuit.

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Lawsuit Defendant Injury Lawyer Attorney 130

Eric Goldman

NOVEMBER 27, 2024

The flagship law in this area is the Consumer Review Fairness Act, enacted by Congress in 2016. My primer on that law. California enacted a similar law, Civil Code 1670.8, informally called the “Yelp Law” (as in, it protected consumers’ rights to post reviews on Yelp). ” Case Citation : Ramos v.

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Defendant Law Law Court 77

Eric Goldman

MAY 25, 2025

Separately, he brought a lawsuit over the Are We Dating the Same Guy? ” Doxing The relevant statute applies when a defendant intentionally published the plaintiff’s personally identifiable information without the consent of the person whose information is published.” He recently served time in prison for tax issues.

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Lawsuit Court Defendant Litigation 70

Eric Goldman

APRIL 25, 2025

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 As a result, I expect that defendants in other online addiction cases will be highlighting this opinion in their defenses. addiction and Plaintiffs injuries.

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Lawsuit Defendant Court Failure-to-appear 75

Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A web of federal and state laws shields consumers from fraud, abuse, and other forms of harm. The Consumer Protection Law Center at Justia offers both practical advice and legal information. State laws governing debt collection sometimes extend more broadly. States may have similar or broader laws.

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Bankruptcy Law Law Lawsuit 264

Brett Trout

MARCH 11, 2025

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.

Intellectual Property 90

Intellectual Property Lawsuit Defendant Litigation 90

Eric Goldman

NOVEMBER 25, 2024

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? Do better).

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Defendant Judge Court Lawsuit 52

Eric Goldman

MAY 27, 2025

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. Implications Wow, this lawsuit was terrible. ” Life is too short to file lawsuits like this.

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Lawsuit Court Litigation Litigator 62

Eric Goldman

DECEMBER 4, 2023

In the lawsuit I’m covering today, Roblox named over 250 defendants. If that’s true with the other 18 cases, Roblox may have sued 4,000+ defendants using the SAD Scheme. Hierl was the lead counsel on the Emojico case I opined on in 2021.] * * * Jurisdiction The defendant Bigfinz sells t-shirts. at issue here.

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Defendant Judge Lawsuit Court 116

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

In addition to educating the public and helping develop policies, the agency can bring legal actions against people or businesses that have allegedly violated consumer protection laws. The Consumer Protection Law Center at Justia provides more details about how the FTC helps protect consumers from deceptive and unfair business practices.

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Mediator Dispute resolution Law Law 244

Eric Goldman

APRIL 11, 2025

Redbubble and the Sunfrog cases because the defendants in those cases exhibited sufficiently more indicia of controland presented more opportunity for consumer confusion by using their own tags and labels. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Schedule A Defendants My Declaration Identifying Emoji Co.

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Defendant Court Judge Lawsuit 52

Eric Goldman

MARCH 28, 2025

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. So where exactly is the Ninth Circuit’s law on this topic? I don’t know. The court disagrees.

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Defendant Lawsuit Court Judge 77

Justia Legal Marketing & Technology blog

FEBRUARY 13, 2024

The Elder Law Center in the Justia Legal Guides describes some red flags that family members of a nursing home resident should bear in mind when visiting their loved one. The Elder Law Center also covers several other concerns that may affect older Americans and their families, helping them understand their legal rights and options.

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Estate planning Law Law Attorney 264

lennyesq

JUNE 22, 2025

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.

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Court Defendant Law firm Lawsuit 60

Eric Goldman

DECEMBER 12, 2023

Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually comes at the cost of due process and the rule of law. As usual, the Schedule A provides threadbare information about each defendant.

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Defendant Lawsuit Judge Court 95

Eric Goldman

APRIL 28, 2024

299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” ” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but the allegation that they were infringing the same patent.

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Defendant Judge Lawsuit Court 98

Eric Goldman

JULY 21, 2024

Recapping a couple of doomed-from-inception lawsuits. “A defendant does not “use” a plaintiff’s mark to [infringe] when the defendant merely provides a search engine service that allows third parties to search using the plaintiff’s mark. Benedict v. Google LLC , 2024 WL 3427161 (D. ” Defamation. .

Lawsuit 98

Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

FEBRUARY 26, 2025

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. Thus, to remedy the alleged defect, Defendants would have to change the content posted on their platforms.

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Court Defendant Failure-to-appear Lawsuit 59

Brett Trout

FEBRUARY 11, 2025

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.

Intellectual Property 52

Intellectual Property Lawsuit Defendant Litigator 52

Brett Trout

FEBRUARY 19, 2025

The real challenge often lies in defending that patent. But if you want a patent that encourage your competition to avoid court, finding a patent attorney well-versed in bothpatent prosecution(the process of obtaining a patent) andpatent litigation(enforcing or defending against infringement claims) can return large dividends.

Litigator 59

Litigator Litigation Intellectual Property Attorney 59

Law Technology Today

AUGUST 29, 2023

Law firms with data privacy practices are seeing a substantial uptick in questions from clients concerned with these topics, and clients who require defense against a pending legal action. Over 18 class-action lawsuits have been filed against hospitals and counting, alleging they are sharing health data via online trackers.

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Defendant Lawsuit Software Lawyer 75

Eric Goldman

JULY 14, 2023

This long-running lawsuit started in 2019. When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Google appeared first on Technology & Marketing Law Blog.

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Lawsuit Court Machine learning Defendant 98

Eric Goldman

SEPTEMBER 28, 2024

The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. It matches contractors with homeowners.

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Lawsuit Failure-to-appear Defendant Court 105

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. See ECF No.

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Defendant Judge e-filing Lawsuit 98

Eric Goldman

MARCH 9, 2023

” The abstract: This paper describes a sophisticated but underreported system of mass-defendant intellectual property litigation called the “Schedule A Defendants Scheme” (the “SAD Scheme”), which occurs most frequently in the Northern District of Illinois as a way to target Chinese online marketplace vendors. Free RSVP!

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 105

Eric Goldman

AUGUST 27, 2024

Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” May 29, 2024) The post AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Case Citation : Mayhall v. Amazon Web Services Inc.,

Lawsuit 98

Lawsuit Defendant Court State law 98

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. A reminder that if the US government had prosecuted the defendants for violating the Clean Air Act, Section 230 would have been irrelevant (it doesn’t apply to federal criminal prosecutions). The defendants sell this hardware.

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Lawsuit Defendant Court Software 98

Eric Goldman

JUNE 6, 2025

Though Microsoft is the named defendant in the case, the real players here are the New York Times and OpenAI. But it’s still worth following, because these narrow and technical areas of the law are likely where these decisions are headed. Opinion at 17. The court agreed. Universal City Studios, Inc., 417, 442, 104 S.Ct. 774, 78 L.Ed.2d

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Defendant Court Lawsuit State law 62

Eric Goldman

MAY 20, 2025

Lack of Access Courts have consistently held that posting works on the Internet, without more, doesn’t ensure that the defendant had “access” to them for purposes of copying-in-fact. But even the narrower standard invites a lot of tendentious data-mining about the defendants’ social media activities.

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Defendant Court Judge Lawsuit 106

Debevoise Data Blog

JANUARY 13, 2025

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., Showing Substantial Similarity of Generative AI Outputs.

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Litigator Litigation Intellectual Property Defendant 52

Eric Goldman

DECEMBER 10, 2023

.” For reasons unclear to me, the plaintiff thought it would be a good idea to sue Amazon over its competitors’ alleged misdeeds, going so far to breathlessly issue a press release that it had “filed a $500 million lawsuit against tech giant Amazon.” Cites to McCarthy v. Amazon , Ratermann v. Pierre Fabre , Eberhart v.

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Lawsuit Defendant Failure-to-appear Court 94

Brett Trout

FEBRUARY 18, 2025

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?

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Intellectual Property Lawsuit Litigator Litigation 52

Brett Trout

APRIL 10, 2025

Because patent law isnt just about filling out forms and submitting diagrams. While many patent attorneys focus solely on prosecution (getting patents granted), those who have stood in court to enforce or defend patents gain insights that dramatically shape how they draft them.

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Litigator Litigation Attorney Intellectual Property 64

Clio

DECEMBER 18, 2024

Whether youre a law student attempting to master case briefing, or a lawyer seeking to re-learn this skill to advocate more effectively, this blog post provides a useful cheat sheet to make tackling case briefs more efficient. What is a case brief? A case brief is a summary and analysis of a judicial opinion.

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Court Judge Attorney Defendant 96