Eric Goldman

FEBRUARY 21, 2025

The TRO language doesn’t purport to apply to YouTube, nor could it unless YouTube had also been named a defendant. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v.

Intellectual Property 40

Intellectual Property Court Hearing State law 40

Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case.

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Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

JUNE 26, 2025

Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v.

Lawsuit 96

Lawsuit Litigator Litigation Court 96

Martindale-Avvo

MAY 6, 2025

Attorneys General take action to enforce antitrust laws, bringing suit against alleged violators of the acts. Antitrust attorneys defend companies against these claims. Only the Department of Justice (DOJ) can bring an action for criminal prosecution under the federal antitrust laws.

Law 52

Law Law Lawsuit Defendant 52

Eric Goldman

JANUARY 11, 2025

Kilgore might need better legal advice on copyright law…but also, see my post on the Lenz case predicting that all 512(f) defendants had to do is say “yeah, I thought about fair use” and they would get a free pass. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v.

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Court Judge Defendant Case predictions 40

Eric Goldman

MAY 1, 2025

“Plaintiff’s Complaint alleges Defendants Meta, TikTok, X, and Reddit violated her First Amendment rights when each apparently prevented certain content Plaintiff attempted to post on Defendants respective platforms from appearing on those publicly available platforms.” Choose wisely.

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Court Lawsuit Defendant Litigator 72

Eric Goldman

DECEMBER 16, 2024

MG Freesites because the defendant in that case hosted the video and allegedly exercised other content moderation steps around it. FOSTA The plaintiff invoked the FOSTA exception to Section 230, which required the court to decide if plaintiffs to show the defendant had the higher scienter required by 1591 or the lower scienter of 1595.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

APRIL 8, 2025

The court does award damages for the 512(f) claims in some of the cases based on the defendants counternotifications. This produces a relatively rare plaintiff win under 512(f), where plaintiff wins usually occur only when the defendants no-show. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v.

Defendant 52

Defendant Court Lawsuit State law 52

Justia Legal Marketing & Technology blog

OCTOBER 8, 2024

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. Sometimes punitive damages also may be available if the defendant engaged in egregious misconduct. Why Might the FDA Recall a Drug?

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Defendant Law Law Lawsuit 264

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. State laws governing debt collection sometimes extend more broadly. Justia provides a 50-state survey on fair debt collection laws and some related statutes. Will I Lose My Utilities if I Cannot Pay the Bill?

Bankruptcy 264

Bankruptcy Law Law Lawsuit 264

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. However, many federal and state laws allow Americans to stand up for themselves as well.

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Mediator Dispute resolution Law Law 244

CaseFox

APRIL 13, 2023

In order to win a personal injury case, the plaintiff must provide sufficient evidence to prove that the defendant was negligent or intentionally caused the injury. If there is not enough evidence to prove the defendant’s liability, the case is unlikely to succeed. Personal injury claims can be complex and difficult to win.

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Court Defendant Lawsuit Attorney 98

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.” ” The plaintiffs claim that AWS “possesses” the biometric data but does not comply with the necessary steps under BIPA. .”

Lawsuit 98

Lawsuit Defendant Court State law 98

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.

Defendant 98

Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

MARCH 4, 2023

Section 230 Ripoff Report claimed that removal was justified because Section 230 completely preempted the state law claims. As such, there was no objectively reasonable basis for Defendant’s to remove the case based on complete preemption by the CDA. Cites to Zeran v. AOL (the district court opinion!)

State law 97

State law Court Defendant Lawsuit 97

Eric Goldman

MAY 17, 2024

When Meta sued Bright Data for breaching Facebook’s and Instagram’s ToS, the defendant successfully argued that since the scraping occurred without logging into its platforms’ accounts, it did not constitute “use” of the platform and thus did not breach the ToS. 301(a) , which preempts state laws “equivalent” to copyright.

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Judge State law Court Federal law 130

Eric Goldman

JULY 1, 2024

Unfortunately, the Supreme Court’s delay in definitively resolving this case will leave a vacuum for reviewing many other pending and imminent constitutional challenges to state laws. I will have a more complete analysis of the cases soon. The post Statement on the Supreme Court’s Ruling in Moody v.

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Court Defendant Lawsuit State law 115

Eric Goldman

SEPTEMBER 26, 2024

This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants. Again, the judge gave ample opportunities to plaintiffs’ counsel to prove up this claim. Again, plaintiffs’ counsel failed to find any poof. This is quintessential Judge Alsup.

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Court Judge Defendant Hearing 111

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 Massachusetts’ anti-SLAPP law is old-school and narrow, so Nextdoor didn’t have the option to invoke anti-SLAPP protection. ” The court cites Force v. Massachusetts should fix that.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

AUGUST 4, 2024

Implications Section 230 plays an important role in curbing excessive state laws, but only when it applies to third-party content. The structural goal of Utah’s law is to suppress the publication of third-party content, but it never expressly says so. Case Citation : NetChoice LLC v. Reyes , 2024 WL 3510919 (D.

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Court Defendant Judge State law 98

Eric Goldman

AUGUST 22, 2023

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.” Nonetheless, Thaler’s lawyer has stated that they plan to appeal.

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Court Defendant State law Software 98

Eric Goldman

DECEMBER 13, 2023

It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with 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 98

Discovery Advocate

JUNE 7, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

Court 52

Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

Court 52

Court e-discovery Defendant e-records 52

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. However, even in the United States, other ways exist to scrutinize contracts over information goods. ML Genius v. Except, of course, that preemption was not raised as a defense in other recent cases.

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Court Litigator Litigation Case law 98

Brett Trout

MAY 24, 2024

Whereas your freedom of speech is protected by the Constitution, your right of publicity is protected by a mix of different state laws. Depending on which state you bring your right of publicity lawsuit, you may have a lot or only a little protection.

Defendant 52

Defendant Lawsuit Court State law 52

Joshua Gilliland

JANUARY 12, 2016

Judge Jones explained that the Plaintiff’s effort to confer with the Defendant over a discovery production could “hardly” be described as done in good faith to resolve issues. The Defendants offered three attorney declarations that recounted the call, which the Plaintiff’s attorney did not dispute. Cedar Grove, at *6. Clapper, 804 F.3d

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Defendant Judge Legal advice Court 52

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).

Litigator 52

Litigator Litigation Dispute resolution Criminal trial 52

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?

Defendant 52

Defendant State law Court Attorney 52

3 Geeks and a Law Blog

JULY 11, 2023

Not all, I believe only one or two state laws in the US require it. But again, given the amount of law firms there are, and how important reputation is and goodwill is, you know, I do think that’s where that that comes into play. But it’s really a commercial decision.

Law firm 189

Law firm Time-tracking Due diligence Attorney 189

Debevoise Data Blog

JUNE 11, 2024

state law developments all reinforce the incentives for companies to adopt AI governance programs. Violations The Law does not create a private right of action; the Colorado Attorney General has exclusive enforcement authority. Moreover, violations are considered unfair trade practices under Colorado state law.

Law 40

Law Law Compliance Attorney 40

Debevoise Data Blog

OCTOBER 18, 2021

State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. As noted, currently, only Illinois, Washington, and Texas have laws at the state level that aim to expressly and comprehensively address biometric privacy.

Law 52

Law Law Court Time-tracking 52

Legal Tech Monitor

JULY 11, 2023

Not all, I believe only one or two state laws in the US require it. But again, given the amount of law firms there are, and how important reputation is and goodwill is, you know, I do think that’s where that that comes into play. But it’s really a commercial decision.

Law firm 52

Law firm Time-tracking Due diligence Attorney 52

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.

Lawsuit 264

Lawsuit Defendant Prosecutor Court 264

Eric Goldman

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. This case is about punishing the Defendants for their speech. This case represents the latter circumstance.

Court 123

Court Litigator Litigation Defendant 123

Eric Goldman

SEPTEMBER 15, 2024

July 23, 2024): the defendants allegedly falsely targeted 117k items through its copyright webform, which Google delisted based on these false premises. Google sued for equitable relief; the defendants defaulted; and the court grants an injunction against further false submittals. 27, 2024) BONUS: Google LLC v.

Time-tracking 105

Time-tracking Court Defendant Case predictions 105

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.” ” Third-Party Content. ” Application.

Failure-to-appear 118

Failure-to-appear Defendant Lawsuit Court 118