Court Dismisses Class Action Against Apple Over Its App Developers’ Information Collection Practices – Pirozzi v. Apple
[Post by Venkat Balasubramani with comments from Eric] Pirozzi v. Apple, 2012 WL 6652453 (N.D. Cal.; Dec. 20, 2012) This is one of several putative class actions over the information collection practices of apps. I previously covered how the lawsuit…
Calling Someone a “Terrorist” Online Is Non-Actionable Opinion–LeBlanc v. Skinner
By Eric Goldman LeBlanc v. Skinner, 2012 WL 6176900 (N.Y.A.D. Dec. 12, 2012) I’ve never heard of Wawayanda, New York before now, but I won’t quickly forget it. The court succinctly summarizes the underlying incident: [Town Board member] Soro discovered…
Two More Cases Hold That Anti-SLAPP Laws Protect Consumer Reviews
By Eric Goldman Every anti-SLAPP law is worded differently, but some statutes protect statements on “matters of public interest,” “issues of public concern” or something similar. This language usually doesn’t explicitly reference consumer reviews of marketplace offerings, but my position…
Facebook Doesn’t Violate Antitrust Law When It Controls Its Users’ Experience–Sambreel v. Facebook (Forbes Cross-Post)
By Eric Goldman Sambreel Holdings LLC v. Facebook, Inc., 2012 WL 5995240 (S.D. Cal. Nov. 29, 2012) As successful Internet companies evolve from shoestring start-ups into marketplace incumbents, inevitably their reward will include antitrust challenges to their conduct. The flagship example…
Sex Offender Online Registration Statute Covers New Myspace Account — State v. White
[Post by Venkat Balasubramani, with comments from Eric] New Hampshire v. White, 2012 WL 6062701 (N.H., Dec. 7, 2012) New Hampshire requires registered sex offenders to notify law enforcement when they create new “online identifiers.” The defendant, a registered sex…
Employee Terminated for Facebook Message Fails to State Public Policy Claim — Barnett v. Aultman
Barnett v. Aultman Hosp., 11-CV-399 (N.D. Oh. Oct. 31, 2012) Barnett was a nurse at Aultman Hospital. She didn’t particularly get along with her supervisor, Lisa Summer. While Barnett was on vacation, she received word that Summer had been fired….
Online Data Broker Need not Comply With Licensing Requirements for Private Investigators – Brown v. Intelius
[Post by Venkat Balasubramani with a comment by Eric] Brown v. Intelius, 4:12cv00852 AGF (E.D. Miss. Nov. 21, 2012) Intelius brokers data about individuals. The information comes from a variety of sources, including public sources. Plaintiff paid a fee and…
Court Reduces Damages Award if Defendant Honors Injunction – North American Recycling v. Texamet Recycling
[Post by Venkat Balasubramani] North American Recycling, LLC, et al. v. Texamet Recycling, LLC, et al., 08-cv-579 (S.D. Ohio) (Order; Aug. 10, 2012) (Report and Recommendation; Nov. 17, 2010) North American Recycling sued Texamet and its principals for defamation. The…
Confirmatory Opt-out Text Message Not Actionable Under the TCPA — Ryabyshchuck v. Citibank
[Post by Venkat Balasubramani] Ryabyshchuck v. Citibank, 11-CV-1236 – IEG (WVG) (S.D. Ca. Oct. 30, 2012) Ryabyshchuck filled out an online credit card application. A pop-up message displayed when he entered his information alerted him to the fact that by…
Another Court Finds Online Statements With Links Are Not Defamatory – Seldon v. Compass Restaurant
[Post by Venkat Balasubramani with comments from Eric] Seldon v. Compass Restaurant, 2012 NY Slip Op 32673(U) (NY Sup Ct. Oct. 21, 2012) Eric posted about Redmond v. Gawker Media, a California case where the court found that use of…