Section 230 Doesn’t Protect Amazon From Products Liability Claims–McDonald v. LG

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…

Backpage Can’t Challenge the SAVE Act–Backpage v. Lynch

I never had a chance to blog the 2015 SAVE Act, but I always meant to. It’s one of the rare times that Congress intentionally circumscribed Section 230. However, instead of amending Section 230 directly, Congress added a federal criminal…

Google Loses Two Section 230(c)(2) Rulings–Spy Phone v. Google and Darnaa v. Google

Section 230(c)(2) doesn’t get a lot of love from practitioners or academics because it doesn’t get a lot of love in court. At the motion to dismiss stage, plaintiffs often can get past a Section 230(c)(2) defense by alleging the…

Court Upholds Airbnb’s Terms of Service–Selden v. Airbnb

This lawsuit alleges that Airbnb’s “hosts” racially discriminate when accepting customers’ bookings. Airbnb sought to send the case to arbitration per its Terms of Service, which the plaintiffs challenges. Contract Formation Trying to sort through the nomenclature confusion created by…

Some Comments on the CA/TX Attorneys’ General Prosecution of Backpage’s Executives

By now I’m sure you’ve heard that California Attorney General Kamala Harris is prosecuting three Backpage executives for pimping/conspiracy to pimp. This is the latest–and perhaps last–development in a decade-long effort by legislators, state AGs and local prosecutors to shut…

Spokeo Wipes Out FCRA Lawsuit Over “Improper” Mandatory Disclosures–Nokchan v. Lyft

As you recall, both the plaintiffs’ bar and defense bar declared that the Supreme Court’s Spokeo v. Robins ruling was a win for their side. Optimists might interpret that as a sign the Supreme Court found a magical win-win solution;…

Federal Court Rejects Online Gambling Lawsuit Against Valve--McLeod v. Valve

Federal Court Rejects Online Gambling Lawsuit Against Valve–McLeod v. Valve

This lawsuit alleged that Valve “allowed an illegal online gambling market” based on its videogame Counter Strike Global Offensive (CSGO) and its Steam platform, an online marketplace where players can buy and sell virtual items and make payments. This lawsuit…

Overly Broad Arbitration Clause Fails--Wexler v. AT&T

Overly Broad Arbitration Clause Fails–Wexler v. AT&T

Plaintiff signed up for wireless service from AT&T Mobility. The operative agreement contained an arbitration clause that covered: 1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud,…

Ninth Circuit Sends Uber Driver Claims to Arbitration

Ninth Circuit Sends Uber Driver Claims to Arbitration

This is a consolidated lawsuit brought by Uber drivers asserting FCRA and employee misclassification claims. Both named drivers were terminated after negative information surfaced in their credit report. Both drivers agreed to a 2013 version of Uber’s driver agreement, and…

Redfin Defeats Copyright Claims Due to MLS License Agreement

Redfin Defeats Copyright Claims Due to MLS License Agreement

This is a copyright lawsuit over real estate photos. This genre of litigation has surprising vitality! Stross is a photographer and broker who participates in multiple listing services (MLSs).He alleges that Redfin infringed because (1) it used “Stross’s photographs of sold…