Eric Goldman

MARCH 4, 2023

He brought a state court class action lawsuit against Ripoff Report, alleging violations of CA B&P 17200 and the implied covenant of good faith. The plaintiff successfully remanded the case back to state court and got some of its attorneys’ fees covered. Ripoff Report removed the case to federal court.

State law 68

State law Court Defendant Lawsuit 68

Eric Goldman

NOVEMBER 2, 2023

Because the removal of content is a traditional editorial function, Section 230(c)(1) bars plaintiff’s lawsuit.” The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Nextdoor appeared first on Technology & Marketing Law Blog.

Failure-to-appear 79

Failure-to-appear Defendant Federal law Lawsuit 79

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.

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Lawsuit Defendant Prosecutor Court 80

Brett Trout

MARCH 15, 2024

The agreement should include clauses detailing how long the agreement lasts, how much the Talent is to be paid, whether the Talent has approval rights regarding the final product, governing law, reservation of rights, etc. This means your rights to your name, image, and likeness vary depending on which state law applies.

Intellectual Property 52

Intellectual Property Lawsuit Compliance State law 52

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Federici * Biosafe-One v.

Court 97

Court Failure-to-appear Lawsuit State law 97

CaseFox

APRIL 13, 2023

Personal injury claims are lawsuits filed by individuals who have been injured due to the negligence or intentional actions of another person or entity. This can occur if the plaintiff does not have sufficient evidence to prove the extent of their damages, or if the damages are capped by state law.

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Court Defendant Lawsuit Attorney 98

LLRX

JULY 15, 2023

Four highlights from this week: The potential healthcare privacy risks of ChatGPT; “Shadow libraries” at heart of mounting copyright lawsuits against OpenAI; Congressional Report Finds Meta and Tax Prep Companies “Recklessly” Shared Taxpayers’ Data; and Cooper Davis Act Would Force Tech Companies to Flag Users for Drugs.

Lawsuit 81

Lawsuit State law Legal research Law 81

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.

Litigator 52

Litigator Litigation Dispute resolution Criminal trial 52

Eric Goldman

AUGUST 16, 2023

So does the rest of the employee’s lawsuit. “Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” ” 512(f) once again wipes out state law claims, even if 512(f) doesn’t apply. The 512(f) claim fails.

State law 62

State law Court Litigator Litigation 62

Eric Goldman

NOVEMBER 30, 2023

It may or may not be related to this lawsuit, but Google recently sued “bad actors who set up dozens of Google accounts and used them to submit thousands of bogus copyright claims against their competitors. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Federici * Biosafe-One v.

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Defendant Court State law Lawsuit 63

Eric Goldman

JULY 18, 2023

Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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Court Litigator Litigation Case law 90

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 78

Eric Goldman

AUGUST 24, 2023

LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. This is true even though the law does not recognize that they have a property interest in it, and even if though expressly disclaim any property rights in that data in their terms of use. It’s user-generated content.

Intellectual Property 96

Intellectual Property Court Litigator Litigation 96

Debevoise Data Blog

JANUARY 24, 2023

Legal action for trademark infringement also remains an option for the trademark holders, but identifying the creator of the content and filing a federal lawsuit is considerably more expensive and time-consuming. Instead, states prohibit deepfakes in specific, harmful contexts.

Court 52

Court e-filing Lawsuit State law 52

Justia Legal Marketing & Technology blog

JANUARY 30, 2024

The Workers’ Compensation Law Center in the Justia Legal Guides describes what makes a worker eligible for these benefits, the procedures that they need to follow, and other key issues that victims of job-related harm should know when asserting their rights. Certain agricultural and domestic workers may be exempt, for example.)

Workers Compensation 65

Workers Compensation Law Law Time-tracking 65

Martindale-Avvo

AUGUST 9, 2023

Real estate law is filled with legislation, contracts, and regulations. Real Estate Law Real estate law creates the boundaries, requirements, and procedures for property transactions. Examples of property transactions that fall under real estate law include buying and selling property, financing, and leasing.

Estate lawyer 52

Estate lawyer Law Law State law 52

Kevin O'Keefe

JANUARY 25, 2023

I imagined I was an Iowa lawyer looking to develop a niche in agricultural law. I asked “What are good ideas for a niche legal blog on agriculture law in Iowa?” Overviews of Iowa’s state laws and regulations related to farming and agriculture, including those pertaining to zoning, land use, and conservation.

Estate planning 130

Estate planning Intellectual Property Lawyer Federal law 130

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v.

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Lawsuit Court Defendant Hearing 107

Eric Goldman

MAY 5, 2023

Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves Forward–ML v. Omegle * Section 230 Helps Craigslist Defeat Sex Trafficking Case–LH v.

Lawsuit 97

Lawsuit Defendant Court e-filing 97

Eric Goldman

MAY 2, 2024

The court says the claim fails on its prima facie elements because “Plaintiffs have failed to establish that Salesforce had constructive knowledge that Backpage violated relevant sex-trafficking laws as to Plaintiff.” Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. April 29, 2024).

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Lawsuit Defendant Court Judge 65

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.'” US * Catching Up on a FOSTA Case–ML v.

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Failure-to-appear Defendant Lawsuit Court 88

Eric Goldman

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago.

Court 74

Court Software Litigator Litigation 74

Eric Goldman

JULY 23, 2023

In response to a facial constitutional challenge to FOSTA, the DC Circuit upheld the law after making several narrowing constructions. The remaining ambiguity over its scope chills and inhibits socially beneficial and completely legal behavior, but the law doesn’t help reduce illegal behavior.

Lawsuit 66

Lawsuit Defendant Court Hearing 66

Justia Legal Marketing & Technology blog

JANUARY 20, 2023

Some of them contain 50-state surveys that track variations in state laws on a key issue. Family Law Matters involving domestic relations tend to have high stakes, financially and emotionally. The Family Law center contains a 50-state survey on domestic violence restraining orders and related forms.

Intellectual Property 52

Intellectual Property Workers Compensation Bankruptcy Estate planning 52

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss.

Defendant 85

Defendant Failure-to-appear Court Lawsuit 85

Eric Goldman

DECEMBER 29, 2023

Even though the legal system punished the wrongdoers, the lawsuits continue. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves Forward–ML v.

Lawsuit 78

Lawsuit Defendant Court Failure-to-appear 78

3 Geeks and a Law Blog

JUNE 28, 2023

Regulations, laws and advanced detection technology are still lacking but urgently needed. States will likely pass a patchwork of laws to regulate AI-generated images. Marathe argues judges and lawyers also need to be heavily educated on the latest developments in deep fake technology in order to counter their use in court.

Litigator 147

Litigator Litigation Court e-discovery 147

Legal Tech Monitor

JUNE 28, 2023

Regulations, laws and advanced detection technology are still lacking but urgently needed. States will likely pass a patchwork of laws to regulate AI-generated images. Marathe argues judges and lawyers also need to be heavily educated on the latest developments in deep fake technology in order to counter their use in court.

Litigator 52

Litigator Litigation Judge Court 52