Judge Ware: Google Not Entitled to “Readily Accessible to the General Public” Defense in Street View Class Action

[Post by Venkat Balasubrmani, with comments from Eric] In re Google Inc. Street View Electronic Communications Litigation, 2011 WL 2571632 (N.D. Cal. June 29, 2011) (Order) (Google’s Motion to Dismiss) (Google’s Reply) (Google’s Supplemental Brief) (EPIC’s Amicus Brief) The multitudinous…

Court Dismisses Misappropriation Claims Against Facebook Over Its Friend Finder Service — Cohen v. Facebook

[Post by Venkat Balasubramani] Cohen v. Facebook, C 10-5282 RS (N.D. Cal. June 28, 2011) There are a slew of publicity rights lawsuits pending against Facebook. This one alleged that Facebook misappropriated the names and likenesses of Facebook users by…

San Diego County Bar Tackles Lawyer Friend Requests and the Ex Parte Rule

[Post by Venkat Balasubramani] The San Diego County Bar Association recently tackled the issue of whether a lawyer’s friend request to an employee of a party violates the rule barring ex-parte communications by a lawyer with a party whom the…

Court Conducts in camera Review of Plaintiff’s Facebook Page to Resolve Discovery Dispute — Offenback v. Bowman

[Post by Venkat Balasubramani] Offenback v. Bowman, 10-CV-1789 (M.D. Pa.; June 22, 2011) Background: Discovery disputes over Facebook accounts and whether they are discoverable in civil cases are piling up. Courts and litigants continue to grapple with the central problem…

Employer Who Fails to Consistently Enforce Computer Usage Policy Cannot use the Policy to Justify Dismissal — Branson v. Harrah’s

[Post by Venkat Balasubramani] Branson v. Harrah’s Tunica Corp., et al., 08-cv-02804-BBD-cgc (W.D. Tn; June 3, 2011) (decision) Background: Branson was an employee with the Grand Casino for over ten years, from 1996 to 2007. Harrah’s acquired Grand in 2006….

Bank ACH Fraud Victims Get Mixed Rulings — Experi-Metal v. Comerica Bank & Patco Constr. v. People’s United Bank

[Post by Venkat Balasubramani] We have posted on numerous cases involving data breach plaintiffs who are rebuffed by courts because they have not suffered cognizable harm such as out-of-pocket losses. A pair of recent cases involved businesses whose bank accounts…

Injured Pedestrian Can’t Sue Google for Providing Faulty Map Information — Rosenberg v. Harwood

[Post by Venkat Balasubramani] Rosenberg v. Harwood, No. 100916536 (Utah District Court; May 27, 2011) [pdf] Lauren Rosenberg was struck by an automobile while walking along a rural highway “with heavy traffic and no sidewalks.” She sued the driver of…

Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Does

[Post by Venkat Balasubramani] Coventry First, LLC v. Does, 11-cv-03700-JS (complaint filed June 7, 2011) The last big tussle over twittersquatting, and infringement through use of a trademark or name in a twitter handle was between Tony La Russa and…

Forum Selection Clause in “Submerged” Terms of Service Presumptively Unenforceable — Hoffman v. Supplements Togo

[Post by Venkat Balasubramani] Hoffman v. Supplements Togo Mgmt. LLC, A-5022-09T3 (N.J. Ct. App.; May 13, 2011) Plaintiff who happened to be a lawyer brought putative class claims against Supplements Togo, alleging that the “Erection MD” “dietary supplement” sold via…

NebuAd Deep Packet Inspection Lawsuits Sputter — Deering v. CenturyTel & Green v. Cable One

[Post by Venkat Balasubramani] The alleged monitoring and use of ISP subscribers’ internet activity for advertisement targeting purposes by NebuAd spawned a slew of class actions. NebuAd shut down, leaving plaintiffs to go after the individual ISPs who partnered with…