Eric Goldman

FEBRUARY 18, 2024

You may have heard about Squishmallow’s recent lawsuit against Build-a-Bear over plushy knockoffs. Yet, the SAD Scheme jurisprudential distortion field worked its magic once again, and the judge rejected their legitimate pushback. The judge subsequently held the marketplaces in contempt for violating the injunction.

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Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” Readers’ most common reaction to the paper is outrage/anger about how the system is being gamed in a way that undermines judicial integrity–in some cases, with the judges’ help.

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Legal Tech Monitor

FEBRUARY 29, 2024

We’re trying to solve a longstanding problem in the legal field, and that is that judges only write judicial opinions for 3% of rulings,” Ovbiagele said. “So They tell you what judges have done, but they don’t tell you why judges did what they did. What we offer are explanatory insights into judges’ rulings.” 31, 2021.

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Lawmatics

SEPTEMBER 13, 2023

There are more than 40 million lawsuits in the United states alone every year. And only 2% of those will ultimately proceed with a lawsuit. Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits.

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Legal Tech Blog

JANUARY 11, 2023

Pre/Dicta , claiming itself the only litigation analytics platform that makes predictions about the outcome of federal lawsuits, announced the acquisition of Gavelytics, a pioneering judicial analytics platform for state court cases. This deal is a major milestone for Pre/Dicta and the entire field of predictive litigation analytics.

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CaseFox

OCTOBER 26, 2023

This blog explores different alternative dispute resolution processes and methods, such as mediation, arbitration, and litigation. In some cases, the ADR process is used along with the litigation process. There are a few different types of alternative dispute resolution, such as mediation, arbitration, and litigation.

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CaseFox

OCTOBER 26, 2023

This blog explores different alternative dispute resolution processes and methods, such as mediation, arbitration, and litigation. In some cases, the ADR process is used along with the litigation process. There are a few different types of alternative dispute resolution, such as mediation, arbitration, and litigation.

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CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. Understanding the key differences between these two types of lawsuits could be extremely helpful if you ever find yourself in a difficult circumstance.

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Eric Goldman

AUGUST 20, 2023

We used to see lawsuits like this 15+ years ago, but we don’t see them any more because they are so obviously doomed by Section 230. If I were a judge, I would sanction that argument harshly. Either way, looping Facebo0k into this litigation was a terrible decision. Whoa, what a flashback. ” The court is confused.

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Eric Goldman

JANUARY 4, 2024

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. In other words, the plaintiff can completely abuse their litigation but get more chances. Then, the case fell apart. That’s unacceptable.

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Eric Goldman

MARCH 8, 2024

This includes the rules as set by rightsowners in ex parte proceedings, which can deviate widely from standard doctrine–it’s whatever the rightsowners can get the judges to agree to–and the rules set by third-party intermediaries, such as online marketplaces. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v.

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LawSites

DECEMBER 21, 2021

Fourteen years ago this week, a federal judge in Seattle dismissed the class action complain t filed by two lawyers seeking to shut down the lawyer-rating site Avvo, which had launched five months earlier. District Judge Robert S. But just five months later, Judge Lasnik dismissed the lawsuit.

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LawSites

DECEMBER 21, 2021

Fourteen years ago this week, a federal judge in Seattle dismissed the class action complain t filed by two lawyers seeking to shut down the lawyer-rating site Avvo, which had launched five months earlier. District Judge Robert S. But just five months later, Judge Lasnik dismissed the lawsuit.

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Legal Tech Monitor

NOVEMBER 21, 2023

The firm based its lawsuit on DoNotPay’s claims that it allows consumers to “[f]ight corporations, beat bureaucracy and sue anyone at the press of a button,” even though it is not licensed to practice law. District Chief Judge Nancy Rosenstengel. Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v.

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LawSites

JANUARY 26, 2022

A new product uses historical data, artificial intelligence and predictive analytics to value cases and predict outcomes in automobile warranty litigation, with the goal of helping manufacturers resolve Lemon Law and warranty claims more accurately, more quickly, and at lower cost. ” said Siva of FelixHealthcare.ai.

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CaseFox

MARCH 23, 2023

Filing a Lawsuit: If a settlement cannot be attained through negotiation, your attorney may recommend filing a lawsuit. The litigation process can be lengthy and expensive, but your attorney will guide you through each step. The litigation process can be lengthy and expensive, but your attorney will guide you through each step.

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Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

The trial judge refused to allow O’Toole to testify because the attorney-client privilege covered the confession, and the privilege was not waived. Stages of a Lawsuit Even if they are working with an attorney, someone considering a lawsuit (or already involved in a lawsuit) may want to know about how the court process unfolds.

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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. His lawsuit against Facebook was dashed by Section 230 in the district court. The judge’s response might be characterized as: WTF = What The Fyk? That is the problem.

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The North Carolina Journey of Law and Technology

MARCH 2, 2023

Today, it’s impossible to watch television or browse the internet without seeing countless advertisements for mass tort litigation. These mass lawsuits are vital in that they offer compensation for painful, and often deadly, diseases. One of the most recent mass torts cases is the ongoing Camp Lejeune litigation.

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LawSites

JANUARY 26, 2022

A new product uses historical data, artificial intelligence and predictive analytics to value cases and predict outcomes in automobile warranty litigation, with the goal of helping manufacturers resolve Lemon Law and warranty claims more accurately, more quickly, and at lower cost. ” said Siva of FelixHealthcare.ai.

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Eric Goldman

FEBRUARY 1, 2024

There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). ” We might expect the judge to push on these vague and conclusory allegations and demand specifics. Instead, the judge accepts these allegations as good enough to survive the motion to dismiss.

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Eric Goldman

SEPTEMBER 18, 2023

Note: the judge also approved a different order that I can’t find. Note: the case was embargoed for some time to resolve redactions, but the judge approved it.] More Posts About Keyword Advertising * Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. July 27, 2023). LoanStreet v. Greenberg v.

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Clio

MARCH 15, 2024

For any lawyer defending a client in a lawsuit, they require the ability to utilize a powerful tool in their arsenal–the motion to dismiss. By seeking to dismiss a case early in the litigation, you can potentially prevail without the trouble of full-blown discovery and a trial. Some courts, like U.S.

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Eric Goldman

JANUARY 8, 2024

” However, not all questions are worth asking, and the judge responds to this motion as if the trademark owner is the backseat passenger asking “are we there yet?” Adler v McNeil * Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. ” for the 16th time. LoanStreet v. Greenberg v.

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Eric Goldman

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts. Emoji GmbH v.

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LawSites

JANUARY 11, 2023

Last June, the seven-year-old litigation analytics company Gavelytics shut down, seemingly overnight, with founder and CEO Rick Merrill announcing the news by an email on June 29 that he “recently made the difficult decision to close Gavelytics effective June 30,” as I reported at the time. .

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Eric Goldman

SEPTEMBER 10, 2023

Fearing overseas defendants will abscond with ill-gotten gains if served with a lawsuit, plaintiffs seek an ex parte temporary restraining order (“TRO”) to freeze funds held by online merchants, then follow up with a request for a preliminary injunction. For a fuller description of the litigation genre and its problems, see my paper.

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LawSites

FEBRUARY 22, 2023

The law firm Akin Gump Strauss Hauer & Feld has lost its bid to dismiss four of five counterclaims filed by the legal technology company Xcential Legislative Technologies in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea. Superior Court Judge Juliet J. McKenna disagreed.

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Eric Goldman

DECEMBER 8, 2023

Indeed, they are already filing lawsuits despite the pending Supreme Court appeal hanging over the law. Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. But surprise! The plaintiffs may have to sue in California if the law survives Constitutional scrutiny.

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Eric Goldman

DECEMBER 30, 2023

For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Normally, SAD Scheme rightsowners don’t sue online marketplaces because that brings in well-funded and highly motivated defendants who will jack up the litigation costs substantially. This is an unusual move.

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Joshua Gilliland

JANUARY 7, 2016

The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. The Court found that the City’s litigation hold was both late and ineffective.

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Law Technology Today

APRIL 13, 2023

Fast forwarding to January 2023, the NAACP and ACLU scored a critical victory and a first step in their lawsuit, when Judge Mary Geiger Lewis denied a motion to dismiss brought by South Carolina, ruling that litigation to lift the categorical ban on automated data collection of online court records can proceed. Hade et al , U.S.

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Eric Goldman

OCTOBER 5, 2023

Instead, as with hundreds of other Emojico defendants, the judge in this case issued an ex parte restraining order against the merchant, prompting Amazon to freeze the merchant’s account and cash. Instead, the court orders the merchant to answer the complaint and proceed with the litigation.

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MatterSuite

DECEMBER 11, 2023

Picture this: a courtroom where attorneys wield their verbal swords, judges preside over proceedings, and evidence takes center stage. Pleadings are vital legal documents that initiate and define lawsuits. The specificity and accuracy of pleadings can significantly influence the direction of a lawsuit.

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MatterSuite

DECEMBER 11, 2023

Picture this: a courtroom where attorneys wield their verbal swords, judges preside over proceedings, and evidence takes center stage. Pleadings are vital legal documents that initiate and define lawsuits. The specificity and accuracy of pleadings can significantly influence the direction of a lawsuit.

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Eric Goldman

JUNE 18, 2023

” The majority summarizes this discussion: “judges are not experts in the cybersecurity field. The lawsuit’s lengthy duration and high defense cost has significant substantive implications. A rehearing would be appropriate because the deciding vote was cast by a visiting judge, not a regular 9th Circuit judge.

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Eric Goldman

APRIL 3, 2023

During oral argument in Jack Daniel’s , some Justices expressed concern about the “artistic relevance” prong of the Rogers test—which might require courts to judge whether something is art—while others noted that “explicitly” does not appear in the infringement statute. The expense of litigation may chill speech.

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