Software Manufacturer Denied Section 230 Immunity–Hardin v. PDX
Hardin suffered significant personal injuries due to the drug Lamotrigine. Hardin bought the drug from the grocery store Safeway’s pharmacy department. She claims that Safeway provided her with a partially redacted “monograph,” the lengthy “drug information pamphlet” that pharmacies provide…
Facebook Gets Easy Section 230 Win in DC Circuit–Klayman v. Facebook
A Facebook user posted an anti-Semitic page entitled “Third Palestinian Intifada.” Many people objected to the page, but Facebook allegedly dragged its feet before eventually removing the page. For reasons I’ve never fully understood, Klayman (a lawyer, naturally) felt wronged…
Texas Appellate Court Erases Court Order To Erase Google Search Results
The Texas Commission for Lawyer Discipline initiated a proceeding against lawyer Calvin Jackson of League City, Texas, but the commission later changed its mind and dropped the suit. Jackson then asked to expunge the action (what the court calls “expunction,”…
How The DMCA’s Online Copyright Safe Harbor Failed
[Eric’s introductory note: I’m continuing my Spring housecleaning of blog posts that got stuck in draft mode for more than a half-year. I wrote this post in September intending it for Forbes, and some of it got obliquely incorporated into…
Want To Scrub Google Search Results In The US? Tough–O’Kroley v. Fastcase
I’m choosing to live in a parallel universe where the ECJ’s Google scrub-search-results ruling simply doesn’t exist. I know it’s a fantasy world, but I’m happier there. Fortunately, here in the US, the ECJ ruling couldn’t happen. The First Amendment…
College Review Website Ordered To Pay $1M For Users’ Disparaging Reviews–Neumont University v. Little Bizzy
Before the headline freaks you out too much, let me highlight the most important fact: this is a default ruling. The defendant was a company but it says it couldn’t find cost-effective counsel, so the company’s principal tried to defend…
Grieving Parents Can’t Sue Topix Website For Son’s Oxy Overdose (Forbes Cross-Post)
Andrew Witkoff wanted to buy the prescription pain-killer drug Oxycodone (a/k/a OxyContin, commonly called Oxy). He found Daniel Park on the Topix online message board. Andrew purchased Oxy from Park and fatally overdosed on the drug. Andrew’s parents sued Park…
Apple May Be Liable For Privacy Violations by Third Party Developed Apps
There are so many privacy lawsuits around the iOS ecosystem that it’s tough to keep track of them all. This particular (consolidated) lawsuit involves privacy claims against Apple and also against various apps, including Angry Birds, Cut the Rope, Facebook,…
Linking to Defamatory Content Protected by Section 230—Vazquez v. Buhl
Teri Buhl posted allegedly defamatory content about Vazquez to the Internet. A CNBC editor linked to that post in an article entitled “The Sex and Money Scandal Rocking Hedge Fund Land.” The CNBC article characterized Buhl as a “veteran financial…
Yelp Wins Another Section 230 Case–Kimzey v. Yelp
This is such an easy case, it could have only been brought pro se. The suit involves two Yelp reviews by a user named “Sarah K.” that were allegedly defamatory and otherwise tortious. The court’s substantive discussion (some citations omitted):…