23andMe's Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway--Tompkins v. 23andMe

23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe

You may recall 23andMe’s legal troubles last Fall, when the FDA launched a big smackdown over selling genetic tests. In the wake of the FDA takedown, the class action lawyers moved in for their cash grab. 23andMe defended with an…

Are We Going To See An Explosion Of Food Labeling Lawsuits?--POM v. Coca-Cola (Forbes Cross-Post)

Are We Going To See An Explosion Of Food Labeling Lawsuits?–POM v. Coca-Cola (Forbes Cross-Post)

POM, the pomegranate juice maker, is unhappy that Coca-Cola sells a Minute Maid “Pomegranate Blueberry Blend of 5 Juices” that contains only 0.3% pomegranate juice and 0.2% blueberry juice. Even though Coca-Cola apparently complies with Food and Drug Administration (FDA)…

Griping Blogger Can Show Photo Of Griping Target–Katz v. Chevaldina

Chelvadina griped about Raanan Katz on her blog. As is common practice for bloggers, Chelvadina included a headshot photo of Katz. The court says the photo is unflattering (I’ll let you decide). Chevaldina found the photo on an Israeli website…

Bad Idea: Shaming An Employee On Facebook For Health Issues--Shoun v. Best Formed Plastics

Bad Idea: Shaming An Employee On Facebook For Health Issues–Shoun v. Best Formed Plastics

Jane Stewart, a company manager, posted the following on her Facebook page: Isn’t [it] amazing how Jimmy experienced a 5 way heart bypass just one month ago and is back to work, especially when you consider George Shoun’s shoulder injury…

The Supreme Court's Riley Decision Won't Change Much In The Field (Guest Blog Post)

The Supreme Court’s Riley Decision Won’t Change Much In The Field (Guest Blog Post)

[Eric's Note: This guest blog post is from my colleague Kyle Graham, who teaches and writes in the area of Criminal Procedure, Evidence and others. I'm pleased to share his expert take on the Riley ruling, followed by a few...

Section 230 Immunizes Website For Super-User's Doxxing--Internet Brands v. Jape

Section 230 Immunizes Website For Super-User’s Doxxing–Internet Brands v. Jape

Internet Brands runs a UGC website for boating enthusiasts. It gives some super-users the power to delete promotional posts, but “Spam deleters are not authorized to ban users, remove posts or delete discussion threads,” and they don’t get paid. Although…

Another Section 230 Win For Ripoff Report--Torati v. Hodak

Another Section 230 Win For Ripoff Report–Torati v. Hodak

Daniel Hodak posted negative comments about Hezi Torati to Ripoff Report. Torati sued Hodak and, in this ruling, asks for permission to add Ripoff Report and Ed Magedson as defendants. The court quickly shuts down this request. The court first…

Software Manufacturer Denied Section 230 Immunity--Hardin v. PDX

Software Manufacturer Denied Section 230 Immunity–Hardin v. PDX

Hardin suffered significant personal injuries due to the drug Lamotrigine. Hardin bought the drug from the grocery store Safeway’s pharmacy department. She claims that Safeway provided her with a partially redacted “monograph,” the lengthy “drug information pamphlet” that pharmacies provide…

More Proof That Facebook Isn't The Right Place To Bitch About Your Job--Talbot v. Desert View

More Proof That Facebook Isn’t The Right Place To Bitch About Your Job–Talbot v. Desert View

Joseph Talbot was a nurse at Desert View Care Center. Talbot posted to Facebook: Ever have one of those days where you’d like to slap the ever loving bat snot out of a patient who is just being a jerk…

EFF Pub Trivia Night Recap

EFF Pub Trivia Night Recap

Last Thursday, I participated in the 7th Annual EFF Pub Trivia Night at Bluxome Street Winery in SOMA. My photo album. The EFF’s Kurt Opsahl was our Master of Ceremonies (in a smoking jacket, no less) and main question-writer. Several…