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.

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Court Judge Defendant Hearing 111

Martindale-Avvo

APRIL 30, 2025

The history of privacy law The roots of privacy law in the U.S. It was in 1917 that a judge ruled there were protections for the contents of sealed mail. In 1974, a pair of laws protected student academic records and put guardrails on the federal governments collection and use of personal information. Note the dates.

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Law Law Federal law Data protection 52

Eric Goldman

FEBRUARY 12, 2025

This opinion suggests this judge would have zero interest in enjoining rightsowners from this practice. 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. Case Citation : Whaleco Inc.

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Court State law Litigation Litigator 59

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?

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Time-tracking Judge Law Law 120

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.

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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.”

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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.

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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.

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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.,

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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).

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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.

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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.

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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.

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Defendant Judge Court Legal advice 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.

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Court Software Litigation Litigator 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]

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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.

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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.

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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.

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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.)

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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.

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Court Litigation Litigator Defendant 124

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. .

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Analytics Court Litigation Litigator 72

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.

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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.

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Criminal Defense Defendant Judge Attorney 59

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.

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Lawsuit Defendant Court Hearing 52

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.

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Lawsuit Defendant Court e-filing 112

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.

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Lawsuit Court Defendant Hearing 125

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.

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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.

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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.

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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.

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Lawsuit Criminal trial Court Failure-to-appear 88

Eric Goldman

JULY 23, 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.

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Lawsuit Court Defendant Hearing 97

LLRX

FEBRUARY 27, 2022

Alexis Karteron , constitutional law professor ,Rutgers University - Newark, provides insight on what Judge Ketanji Brown Jackson, the first Black woman nominated to the Supreme Court, could mean for how that court works.

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Court Judge Law Law 104

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 65

Debevoise Data Blog

JANUARY 14, 2022

5] In a motion passing 3-2 on a party-line vote, the Democratic commissioners removed the Chief Administrative Law Judge (the “ALJ”) from the role of Presiding Officer in Magnuson-Moss rulemaking; Chair Khan or her designee will instead assume the role of Presiding Officer, giving Chair Khan even greater control over future rulemaking efforts. [6]

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Compliance Court Litigation Litigator 52

Eric Goldman

DECEMBER 29, 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 98

Lawsuit Court Defendant Failure-to-appear 98

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.

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Defendant Law Law Court 78

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.

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Court Judge Defendant Case predictions 40