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 ” The court cites Force v.

Failure-to-appear 79

Failure-to-appear Defendant Federal law Lawsuit 79

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 82

Lawsuit State law Legal research Law 82

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

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.

Court 97

Court Failure-to-appear Lawsuit State law 97

Brett Trout

MARCH 15, 2024

Unlike the right of privacy, which is protected by the Constitution and specific federal statutes, the right of publicity is a patchwork of state and common law. This means your rights to your name, image, and likeness vary depending on which state law applies. No tags for this post. Related posts No related posts.

Intellectual Property 52

Intellectual Property Lawsuit Compliance State law 52

Martindale-Avvo

AUGUST 9, 2023

Real estate law focuses on the physical land, also called “real property,” and the resources and structures on it. Real estate can change from state to state, as it is governed by state laws. Generally, real estate law is separated into two categories: Commercial and Residential.

Estate lawyer 52

Estate lawyer Law Law State law 52

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

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 80

Lawsuit Defendant Prosecutor Court 80

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

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

They can bring a civil lawsuit against whoever was responsible for the improper practice, seeking the damages that they sustained as a result. The federal government has not yet enacted a comprehensive data privacy law, although various federal laws protect certain types of people or information.

Mediator 65

Mediator Dispute resolution Law Law 65

Justia Legal Marketing & Technology blog

JANUARY 30, 2024

The Work-Related Requirement To get workers’ compensation benefits, a worker must be an employee rather than an independent contractor, and they must not work in a profession that is exempt under state law. Certain agricultural and domestic workers may be exempt, for example.) Working with a lawyer can help overcome these obstacles.

Workers Compensation 65

Workers Compensation Law Law Time-tracking 65

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.

Defendant 63

Defendant Court State law Lawsuit 63

Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). 20 years later, we’re still fighting over pixels and cookies.

Time-tracking 102

Time-tracking Judge Law Law 102

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. Like other medical malpractice cases, birth injury lawsuits usually require expert testimony and affidavits of merit.

Intellectual Property 52

Intellectual Property Workers Compensation Bankruptcy Estate planning 52

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

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. Many of those contractual anti-scraping lawsuits were successful. However, even in the United States, other ways exist to scrutinize contracts over information goods. ML Genius v.

Court 90

Court Litigator Litigation Case law 90

Eric Goldman

DECEMBER 13, 2023

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. Taco Bell Corp. , 3d 446 (6th Cir.

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Judge Court Defendant State law 78

Eric Goldman

AUGUST 24, 2023

has filed multiple lawsuits against web scrapers, including against Bright Data , which is perhaps the biggest web-scraping company in the world. Ten years ago, in web-scraping cases, you’d typically see plaintiffs in scraping cases file 10-15 legal claims, with law firms exploring any legal theory that might stick.

Intellectual Property 96

Intellectual Property Court Litigator Litigation 96

Eric Goldman

DECEMBER 15, 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 106

Lawsuit Court Defendant Hearing 106

3 Geeks and a Law Blog

JUNE 28, 2023

Isha Marathe 10:45 So um, I think that, you know, we’ve seen, we’ve seen too, as of late May, in terms of where a party said that are claimed that the evidence that was presented was a deep fake, and one was in a Tesla lawsuit involving an image of Elon Musk.

Litigator 147

Litigator Litigation Court e-discovery 147

Eric Goldman

MAY 2, 2024

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 65

Lawsuit Defendant Court Judge 65

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

JUNE 7, 2023

Internet Brands rejected that proposal: lawsuits brought against interactive computer service providers based solely on failure to adequately monitor and regulate end-users’ harmful messages fall squarely within protections of Section 230 Implications If this ruling stands on appeal, it will be a major win for defendants.

Failure-to-appear 87

Failure-to-appear Defendant Lawsuit Court 87

Eric Goldman

JULY 23, 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 66

Lawsuit Defendant Court Hearing 66

Eric Goldman

JANUARY 12, 2024

.” The Kremen test is so obviously ill-fitting to this inquiry, but the court gets to the right place: “there is no cognizable property interest in website copies that may serve as the basis for a trespass to chattels claim under California law.” That lawsuit also failed.

Court 74

Court Software Litigator Litigation 74

Legal Tech Monitor

JUNE 28, 2023

Isha Marathe 10:45 So um, I think that, you know, we’ve seen, we’ve seen too, as of late May, in terms of where a party said that are claimed that the evidence that was presented was a deep fake, and one was in a Tesla lawsuit involving an image of Elon Musk.

Litigator 52

Litigator Litigation Judge Court 52

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. .” Google defeats lawsuit from a public school student using Google edtech that he claims was hacked and used to send inappropriate material. * ” * M.K. Google LLC, 2023 WL 2671381 (N.D. March 27, 2023).

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