Announcing the Third Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Rebecca and I are pleased to announce the publication of the third edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats: * As a DRM-free PDF file. Price: $11.50…

Quora Gets Easy Section 230 Win In Tenth Circuit--Silver v. Quora

Since its Accusearch ruling in 2009, the Tenth Circuit has been a dicey place for Section 230 defendants. Fortunately, this case goes smoothly. David Silver is an investment banker in Santa Fe. On Quora, someone asked: “Has anyone worked with…

Adding Derogatory Caption to Photo Meme Can Be False Light--S.E. v. Chmerkovskiy

S.E. has Down Syndrome. The complaint alleges that in 2008, S.E. attended a baseball game (at the age of 8) in Nashville and was photographed standing outside the stadium near a concession stand. The photographer posted the photo to his…

Plaintiffs' Law Firm Can Reference Targeted Business' Name In Ad Copy--McHugh Fuller v. Pruitt

PruittHealth operates nursing homes in the Southeast. The McHugh Fuller law firm regularly sues nursing homes (their tagline: “Nursing Home Law…It’s What We Do”). To drum up business, in March 2015, it ran the following ad in the Moultrie, Georgia…

As you may recall, this lawsuit relates to two American contractors in Jordan killed in a terrorist attack claimed by ISIS. The plaintiffs sued Twitter for providing material support to ISIS. In August, the judge dismissed the lawsuit on Section…

Rahul Manchanda, an attorney, claims he was defamed in Ripoff Reports and elsewhere. In 2013, he obtained a restraining order against some of the authors in New York state court. Manchanda then sought to expand that order to restrain Ripoff…

By guest blogger Marketa Trimble On October 24 and 25, 2016, the Center for Internet and Society at Stanford Law School hosted a conference entitled “Law, Borders, and Speech.” The excellent, thought-provoking conference featured panels of U.S. and international speakers, a…

Section 230 Ruling Against Airbnb Puts All Online Marketplaces At Risk--Airbnb v. San Francisco

San Francisco wants to curb Airbnb listings. It adopted a license-and-tax requirement for Airbnb vendors (who Airbnb confusingly calls “hosts”). Vendors widely ignored SF’s rules. To minimize its enforcement obligations, SF sought to deputize Airbnb as its enforcement agency. Thus,…

This case involves an exploding cellphone battery. LG manufactured the battery and an Amazon marketplace vendor Safetymind sold it to the buyer. In addition to suing LG, the injured buyer sued Amazon for negligent failure to warn, negligence, and breach…