Eric Goldman

JUNE 26, 2025

Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Pornhub * Catching Up on Recent FOSTA Developments (None of Them Good) * Section 230 Preempts Claims Against Omegle–M.H. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v. Twitter * FOSTA Survives Constitutional Challenge–US v.

Lawsuit 96

Lawsuit Litigator Litigation Court 96

Eric Goldman

NOVEMBER 27, 2024

But the plaintiffs found a judge who gave them enough benefit of the doubt to survive a motion to dismiss. That’s a litigation strategy, I guess. Given that track record of futility, it’s surprising to see any of these cases gain any traction at all.

Defendant 77

Defendant Law Law Court 77

Richmond Journal of Law and Technology

APRIL 12, 2025

Unbeknownst to most, however, is that 167 law enforcement agencies across Virginia are now using public-facing surveillance technology such as Automatic License Plate Readers (“ALPR”) and gunshot listening devices. [1] In 2022, it was discovered that state law enforcement agencies had begun putting up ALPRs on state roadways. [15]

Judge 52

Judge Lawsuit Time-tracking Court 52

Eric Goldman

JANUARY 11, 2025

14, 2024) A magistrate judge recommends sending a 512(f) case to trial. The court summarizes the facts: The two videos at issue comprise excerpts from Lakeway City Council meetings and a presentation Kilgore gave as mayor to Lakeway residents, sitting at a desk in front of United States and Texas flags. Kilgore , 2024 WL 5295080 (W.D.

Court 40

Court Judge Defendant Case predictions 40

Eric Goldman

MAY 1, 2025

The court breezily rejects each of his state law claims, including the Florida social media censorship claim that relied on an unconstitutional law that’s enjoined. Twitter First Voters Reject Tulsi Gabbard, Then a Judge DoesGabbard v. Google YouTube Isnt a State Actor (DUH)PragerU v. Choose wisely.

Court 72

Court Lawsuit Defendant Litigator 72

Eric Goldman

DECEMBER 16, 2024

” A reminder that Section 230 cases often require the judges to apply the immunity to tragic facts. Yet, its wording was cumbersome enough that plaintiffs have nevertheless sought to overturn that modification–and have gotten some district court judges to agree along the way. raise the scienter bar.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

APRIL 3, 2025

Without Section 230, and in the face of a tsunami of new state laws imposing onerous obligations on UGC sites, I will be burdened with increasing legal risks and obligations for allowing readers to comment. I also am a UGC site in that I permit readers to post comments.

Lawsuit 52

Lawsuit Court Law Law 52

Above the Law - Technology

NOVEMBER 21, 2023

In March, the Illinois law firm, MillerKing brought the putative class action against DoNotPay on behalf of “all law firms in the United States,” alleging false association and false advertising under the federal Lanham Act and Illinois state law. District Chief Judge Nancy Rosenstengel.

Court 275

Court Lawyer Lawsuit Failure-to-appear 275

Eric Goldman

MAY 17, 2024

A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. 301(a) , which preempts state laws “equivalent” to copyright. If a contract does that, it should not be enforceable as a matter of federal law. In 2022, in ML Genius v.

Judge 130

Judge State law Court Federal law 130

Justia Legal Marketing & Technology blog

OCTOBER 13, 2023

The International Law Center at Justia explains this membership process and describes each of the major organs in the UN, such as the General Assembly, the Security Council, and the Secretariat. The Court consists of 15 judges, who are elected to nine-year terms by the General Assembly and the Security Council.

International law 264

International law Law Law Court 264

Eric Goldman

SEPTEMBER 26, 2024

This case got assigned to Judge Alsup’s courtroom. I previously summarized Judge Alsup’s modus operandi about motions to dismiss: Judge Alsup gives the benefit of the doubt to plaintiffs on motions to dismiss, only to hammer them on summary judgment if their evidence doesn’t hold up to scrutiny.

Court 111

Court Judge Defendant Hearing 111

Eric Goldman

FEBRUARY 1, 2024

” 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. judge (Judge Orrick) goes out of their way to find a possible trespass to chattels. Exactly what did Facebook do?

Time-tracking 119

Time-tracking Judge Law Law 119

LLRX

AUGUST 27, 2024

In addition to serving as an attorney—taking a case from trial through appeal—you will have the chance to act as a judge, jury, legislator, and legislative advisor. In-class time will be devoted mostly to running simulations of varying fidelity for ten potentially precedent making cases and arguing the merits of proposed AI legislation.

Law 105

Law Law Judge Attorney 105

lennyesq

AUGUST 28, 2023

The city couldn’t implement the ban since it “ unreasonably restricts ” two foie gras farms’ “operations and on-farm practices” under state law , the agency ruled. 3 when an Albany County judge struck down the state’s order blocking the city ban as “arbitrary and capricious.”

Judge 75

Judge State law Law Law 75

LLRX

SEPTEMBER 19, 2024

16, 2024, in a bid to overturn a law that would force the video app to divorce from its China-based parent company or be banned in the U.S. During the appearance before a panel of judges at the U.S. TikTok headed to court on Sept.

Court 101

Court Hearing Judge Lawyer 101

Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Judge 98

Judge Court Defendant State law 98

Legal Tech Monitor

FEBRUARY 21, 2024

moved to dismiss the third count of the complaint brought by the plaintiff, Brendan Baker, who accused CVS of violating a state law known as the “Lie Detector Statute.” Attorneys with Seyfarth Shaw, on behalf of CVS Health Corp.,

Judge 52

Judge State law Attorney Law 52

Eric Goldman

AUGUST 4, 2024

NetChoice challenged the law in court primarily based on the First Amendment, but NetChoice also claimed that Section 230 preempts the latter three functions. This ruling has no bearing on the constitutional challenge (though it may show that the judge is struggling with the content/conduct distinction).

Court 98

Court Defendant Judge State law 98

Legal Tech Monitor

NOVEMBER 21, 2023

In March, the Illinois law firm, MillerKing brought the putative class action against DoNotPay on behalf of “all law firms in the United States,” alleging false association and false advertising under the federal Lanham Act and Illinois state law. District Chief Judge Nancy Rosenstengel.

Court 52

Court Lawyer Lawsuit Failure-to-appear 52

Legal Expert Connections

DECEMBER 1, 2018

District Judge forced a law firm to reveal its referral fee arrangement in a recent prominent case, many legal experts are suggesting the industry may be at a tipping point where class action firms could be required to more fully disclose the distribution of their fees. After one U.S. Upon this discovery, a U.S.

Law 52

Law Law Law firm Legal advice 52

Joshua Gilliland

JANUARY 12, 2016

Then there are the judges who work in a good Star Wars reference in an opinion. Judge Richard Jones must have felt he was dealing with a phantom menace of discovery disputes, because most of the issues in the case could have been solved if the parties actually had a meaningful a meet and confer. This case has both. Cedar Grove, at *5.

Defendant 52

Defendant Judge Legal advice Court 52

Eric Goldman

JANUARY 12, 2024

It was an audaciously mockable pivot…and yet, the district court judge shockingly bought the argument. In other words, the district court judge was imprecise about exactly what chattel was being trespassed. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law.

Court 98

Court Software Litigator Litigation 98

The Barrister

MARCH 18, 2024

7] Microsoft stock image The NCAA halted its investigations into third parties creating NIL deals with collegiate Division I athletes after a federal judge granted a preliminary injunction in a lawsuit filed by the attorneys general of Tennessee and Virginia. More than 10,000 of the 1,390 FBS players have agreed. [7]

Lawsuit 52

Lawsuit Judge State law Attorney 52

CaseFox

DECEMBER 21, 2023

Judges legal service providers are crucial in assisting the parties during this procedure and guaranteeing a just conclusion. Examples of civil law cases Family disputes include divorce, dissolution of civil partnerships, children’s issues, and childcare arrangements.

Litigator 52

Litigator Litigation Dispute resolution Criminal trial 52

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. App’x 12 (2d Cir.

Law 52

Law Law Court Time-tracking 52

Justia Legal Marketing & Technology blog

SEPTEMBER 10, 2024

A person who could serve as an administrator also may nominate another person for this role, although the judge will make the final decision. To be valid, a will usually must be in writing, created by a testator with legal capacity to make a will, and signed by the testator and witnesses in accordance with state law.

Law 279

Law Law Court State law 279

Justia Legal Marketing & Technology blog

JUNE 29, 2023

The SSA provides three internal levels of appeals : a reconsideration, a hearing before an Administrative Law Judge (ALJ), and review by the SSA Appeals Council. State laws may provide additional protections to people with disabilities in both employment and housing.)

Law 246

Law Law Federal law Hearing 246

Eric Goldman

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Court 123

Court Litigator Litigation Defendant 123

LawSites

SEPTEMBER 21, 2021

The legal analytics platform Lex Machina , which is owned by LexisNexis, has added a module for litigation involving claims under the Americans with Disabilities Act, as well as claims under related state laws. .

Analytics 73

Analytics Court Litigator Litigation 73

Eric Goldman

JUNE 7, 2023

The plaintiffs claim that, “by enabling the transmission of ephemeral content on the application, Defendants facilitate the exchange of CSAM, and that Snap’s design of the application assists users in ‘evad[ing] supervision by legal guardians or law enforcement.'” the application of Section 230 to the failure-to-warn claims.

Failure-to-appear 118

Failure-to-appear Defendant Lawsuit Court 118

Martindale-Avvo

SEPTEMBER 8, 2023

There are state laws that dictate avoiding “unnecessary delay,” leaving the defendant in jail for a gratuitous amount of time before they ever see a judge. ” This appearance before a judge is usually to set bail while the filing of the criminal case is underway.

Criminal Defense 59

Criminal Defense Defendant Judge Attorney 59

Eric Goldman

MAY 5, 2023

Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Pornhub * Catching Up on Recent FOSTA Developments (None of Them Good) * Section 230 Preempts Claims Against Omegle–M.H. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v. Twitter * FOSTA Survives Constitutional Challenge–US v.

Lawsuit 111

Lawsuit Defendant Court e-filing 111

Eric Goldman

DECEMBER 15, 2023

Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Pornhub * Catching Up on Recent FOSTA Developments (None of Them Good) * Section 230 Preempts Claims Against Omegle–M.H. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v. Twitter * FOSTA Survives Constitutional Challenge–US v.

Lawsuit 124

Lawsuit Court Defendant Hearing 124

LawSites

JUNE 2, 2022

Designed to help lawyers improve the drafts of their briefs and legal documents, BriefCatch is a Microsoft Word add-in that offers some 11,000 style and editing suggestions, together with explanations and illustrations drawn from the exemplary writing of actual lawyers and judges. One thing about software is that it is politically neutral.

Software 98

Software Court Judge Lawyer 98

Eric Goldman

MAY 2, 2024

Tertiary liability is a doctrine too far for this judge, even after all of the plaintiff-favorable inferences made along the way. Then again, the plaintiffs have the ability to amend the complaint, so maybe they can recharacterize Salesforce’s omniscience enough to satisfy this judge. Google LLC , 2024 WL 1892291 (N.D.

Lawsuit 96

Lawsuit Defendant Court Judge 96

Eric Goldman

JULY 26, 2024

Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. Pornhub * Catching Up on Recent FOSTA Developments (None of Them Good) * Section 230 Preempts Claims Against Omegle–M.H. G6 * FOSTA Claim Can Proceed Against Twitter–Doe v. Twitter * FOSTA Survives Constitutional Challenge–US v.

Defendant 98

Defendant Lawsuit Court Hearing 98

Eric Goldman

JUNE 9, 2024

This judge focused solely on Ninth Circuit precedent, which makes sense because this court is in the Ninth Circuit’s territory and that will help with any appeal). Omegle * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. MySpace ruling , but it dealt with this criminal-victim matching argument.

Lawsuit 88

Lawsuit Criminal trial Court Failure-to-appear 88