Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber
This is a lawsuit against Uber alleging that it improperly assessed a cancellation fee without advising the rider in advance. Uber sought to compel arbitration. The court declines. The arbitration clause is contained in Uber’s terms of service, and the…
Can Your Employer Fire You For Posting Vacation Photos to Facebook?–Jones v. Accentia
I posted about this case a year ago at Forbes, and it remains one of my most-read blog posts of all time. The legal question is simple: can an employer fire an employee because of the employee’s vacation photos posted…
Dozen Amicus Briefs Oppose the Worst Section 230 Ruling of 2016 (and One Supports It)–Hassell v. Bird
You surely recall the Hassell v. Bird ruling from last year. A lawyer was unhappy with a Yelp review about her. The lawyer sued the putative author (with dubious service of process), got a default ruling that the review was…
FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts
As you may recall, the FTC is pursuing 1-800 Contacts for antitrust violations based on 1-800 Contacts having sued and then settled with competitors who bought keyword ads on 1-800 Contacts’ trademarks. Recently, the FTC filed its “Complaint Counsel’s Corrected…
Plaintiff Can’t Erase Court Order From the Internet–Nelson v. Social Security Commissioner
The Commissioner of Social Security ruled that Nelson’s disability ended in 2010 and terminated benefits. In 2014, Nelson filed a federal lawsuit contesting that determination. In 2014, the judge ruled in her favor. In 2016, Nelson went back to court….
The “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” Bill Would Be Bad News for Section 230
As expected, last week Rep. Ann Wagner introduced the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” bill, H.R. 1865. This is a renamed version of the draft bill, the “No Immunity for Sex Traffickers Online…
Texas Supreme Court Is Skeptical About Wikipedia as a Dictionary–D Magazine v. Rosenthal
This is an interesting opinion from the Texas Supreme Court on citing Wikipedia as a dictionary. The underlying case involves an article in D Magazine titled “The Park Cities Welfare Queen.” The article purports to show that the plaintiff, Rosenthal,…
Court Strikes Probation Condition Against Using a Device Containing Encryption–In re Mike H.
Mike, a minor, pled guilty to committing sodomy on a minor against his girlfriend. The crime had no relationship to the Internet, although Mike and his girlfriend had texted each other and Mike admitted to masturbating to online pornography once…
Can Blogging Violate the Fair Housing Act?–Revock v. Cowpet Bay West Condo Ass’n
[Note: as I declared almost a decade ago, I don’t do April Fool’s jokes.] This case is a collision between dogs as emotional support animals and a “no dogs” condominium association rule. The civil rights implications of a “no pets”…
A Complaint’s Silence About Section 230 Helps It Survive Judgment on the Pleadings–Moretti v. Hertz
This is a class action lawsuit against car rental companies for an alleged “currency exchange rate scam.” Allegedly, the rental car companies quote foreign rentals in dollars but then actually charge customers in the local currency at an inflated exchange…