Doctor Can’t Win Default Judgment Over Patient’s Yelp Review–Mirza v. Amar
This is another entry in my decade-long coverage of doctors suing patients for online reviews. The plaintiff is a Botox provider. The defendant-patient wrote a critical review on Yelp. The doctor sued the patient for defamation and related claims. The…
Congressional Jawboning of Internet Services Isn’t Actionable–AAPS v. Schiff
Members of Congress often send letters to various industry participants complaining about marketplace phenomena. Sometimes these letters demand additional information; other times, the letters just express opprobrium. All of these letters are backed by a coercive threat that the Congressmember…
An Account Suspension Case Fails Again–Perez v. LinkedIn
Perez sued LinkedIn for suspending his account. In October, a court in Southern District of Texas dismissed the complaint because LinkedIn isn’t a state actor. The court gave Perez the opportunity to refile in the Northern District of California, which…
Section 230 Applies to Articles by Huffington Post Contributors–Page v. Oath
The plaintiff is Dr. Carter Page, who gained notoriety from his alleged role in Trump’s interactions with Russia, including multiple references in the Steele dossier. In 2017, he sued Oath (as owner of Yahoo and Huffington Post) for defamation over…
Section 230 Protects App Store from Liability for Apps With Loot Boxes–Coffee v. Google
Many video games have loot boxes, where players can exchange valuable consideration (like in-game currency purchased for cash) for a chance to win something really valuable to gameplay. Because loot boxes may involve chance, consideration, and prizes, loot boxes may…
Are Social Media Services “State Actors” or “Common Carriers”?
Yesterday, I did a videoconference with Prof. Eugene Volokh (UCLA Law) discussing if and how legislatures could regulate Internet services. Watch the video. Prof. Volokh and I usually agree on most things, but this time we may reach different conclusions….
Comments on the “SAFE TECH” Act
This year’s tsunami of Section 230 “reform” bills includes the “Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act” from Sens. Warner, Hirono, and Klobuchar. This bill proposes over ten different Section 230 reforms, some of which…
TripAdvisor Doesn’t Get Early Section 230 Dismissal–Putt v. TripAdvisor
Putt booked a tour through TripAdvisor’s subsidiary, Viator. On the tour, she suffered personal injuries. Putt sued TripAdvisor for negligence, misrepresentation, and more. Section 230. TripAdvisor invoked Section 230. The court says it’s too early to tell if TripAdvisor qualifies…
Google and Twitter Defeat Lawsuit Over Account Suspensions/Terminations–DeLima v. Google
Natasha DeLima (a/k/a “Natasha Athens”) claims that Google and Twitter have imposed various sanctions on her accounts, including suspension and termination. She alleges that Google and Twitter took these actions due to political bias against her. (This article notes some…
Politician Can Block Constituents at Twitter–If It’s a “Campaign” Account–Campbell v. Reisch
This is another case challenging an elected official’s blocking of a constituent’s Twitter account on First Amendment grounds. It’s a 2-1 Eighth Circuit ruling that appears to distance itself from the approach of the Second and Fourth Circuits. As Eric…