Jointly Editable Online Document Doesn’t Provide Evidence of Contract Formation–Turner v. Temptu
The litigants discussed working together to launch a new product in the marketplace. As seems to be inevitable in situations like this, the parties’ relationship fell out. Trying to salvage something from the situation, Turner alleged the parties had formed…
The Supreme Court’s Riley Decision Won’t Change Much In The Field (Guest Blog Post)
[Eric’s Note: This guest blog post is from my colleague Kyle Graham, who teaches and writes in the area of Criminal Procedure, Evidence and others. I’m pleased to share his expert take on the Riley ruling, followed by a few…
How To Get Your Clickthrough Agreement Enforced In Court–Moretti v. Hertz
So, by now, you know that if you want an enforceable online agreement, you need to implement it as a mandatory clickthrough. With that settled, it’s time to address an advanced topic: what evidence can you offer a judge to…
Daughter’s Celebratory Facebook Post Really “Sucked”–Gulliver Schools v. Snay
Patrick Snay was headmaster at Gulliver Preparatory School, a private school in the Miami area. The school didn’t renew his contract, so he sued for age discrimination and retaliation. The parties settled confidentially for $150k, broken down as $10k of…
H2 2013 Quick Links, Part 5 (Miscellaneous)
* Ars Technica: How the feds took down the Dread Pirate Roberts. A great story on how hard it is to remain anonymous online against determined federal agents. * Nice Reuters retrospective on Judge Rader. * DailyDot: The battle to destroy Wikipedia’s biggest sockpuppet army. Related: Is Wikipedia…
H2 2013 Quick Links, Part 4 (Social Media, Advertising, E-Commerce)
Facebook * MarketingLand’s coverage of Facebook’s increasingly complicated algorithm for ranking news feed stories. * People v. DeJesus, 2013 WL 6327657 (Cal. App. Ct. Dec. 4, 2013): As for defendant’s claim about an Internet posting to a group as potentially violating the trial court’s…
H2 2013 Quick Links, Part 3 (Content Regulation)
Section 230 * The Good Wife on CBS had an episode, “Whack a Mole,” that addressed Section 230. It got Section 230 right on defamation damages but wrong on injunctions. * Preliminary injunction in Backpage v. Hoffman, 2013 U.S. Dist. LEXIS 119811 (D.N.J. Aug. 20, 2013)….
Facebook Rant Against ‘Arial’ Font Helps Reverse Sex Offender Determination
Another day, another workplace problem due to an off-hours Facebook rant. Doe is a convicted sex offender. He fought the Massachusetts Sex Offender Registry Board’s determination that he needed to register as a level 3 sex offender. As part of…
Social Worker’s Facebook Rant Justified Termination — Shepherd v. McGee
Shepherd v. McGee, 2013 U.S. Dist LEXIS 159432 (D. Or. Nov. 7, 2013) Plaintiff Jennifer Shepherd was a child protective services (CPS) caseworker for the Oregon Dept. of Human Services (DHS). She investigated reports of child abuse and made recommendations…
Court Upholds Doocing For Snarky Facebook Post — Rodriquez v. Wal-Mart
[Post by Venkat Balasubramani] Rodriquez v. Wal-Mart, 2013 U.S. App. 19345 (5th Cir. Sept. 19, 2013) [