Trump Lost the Trump Tapes Ruling, But Could He Still Prevail? (Guest Blog Post)
by guest blogger Tim McFarlin Is the Trump Tapes suit truly over? It’s been dismissed, but not without leave to move to amend for a third time. Would another amended complaint stand a chance? This question is why I’ve accepted…
Trump’s Lawsuit Over The Trump Tapes is Dismissed (Trump v. Simon & Schuster) — Guest Blog Post
By Guest Blogger Tyler Ochoa [UPDATE: for bonus coverage, see Prof. McFarlin’s supplement to this post.] Last week, a federal judge in New York dismissed a lawsuit filed two-and-a-half years ago by then-former President Donald Trump against journalist Bob Woodward…
Catching Up on the Bogus “Yelp Law” Litigation Campaign–Tao v. Uniqlo
[Personal note: the Free Speech Coalition v. Paxton ruling took a lot of wind out of my blogging sails. First, the opinion is pure Calvinball. It makes me question everything I know about Internet “Law” when courts shamelessly disregard precedent…
Section 230 (Still) Applies to Contract Breach Claim–NJCCC v. McAleer
This case involves four main players: Newsmatics, which runs the EIN Presswire service, a pay-to-play press release distribution service. Frankly Media, one of Newsmatics’ distribution partners. Hwang, who submitted press releases to Newsmatics claiming that an NJ state court was…
Clickwrap Formed Even When a Consumer Has Limited Time to Act–Washington v. Flixbus
This is a Meta Pixels case involving the bus service Flixbus. Flixbus successfully defends by saying that the plaintiff consented to the disclosures via its TOS. This is the screenshot in question: Sorry it’s hard to read, but the gist…
Reddit Challenges Anthropic’s Scraping to Create Generative AI Models (Guest Blog Post)
by guest blogger Kieran McCarthy With as much scraping as is happening for AI training and enhancement these days, it’s amazing to me that there aren’t more lawsuits happening over scraping. The legal headlines are more of a trickle than…
A Roundup of Recent Section 230 Decisions Involving Sex Abuse or CSAM
Another lengthy blog post rounding up cases from the past few months involving CSAM or commercial sex and Section 230/FOSTA. Doe #1 v. MG Freesites, Ltd., 2025 WL 1314179 (N.D. Ala. May 6, 2025) Prior blog posts (1, 2). Previously…
YouTuber Loses Lawsuit Over Account Suspension–Hall v. YouTube
The court summarizes the facts: In April 2024, Hall became involved in a public feud with another YouTube user, “MoneyBoy Tr3y,” (Tr3y”) which led to the exchange of multiple DMCA takedown notices between the two. Hall alleges that Tr3y submitted…
Video Game Addiction Case Mostly Sent to Arbitration–Orellana v. Roblox (Catch-up Post)
[Introductory note: This case appeared in my alerts recently. It is one of the many video game addiction lawsuits percolating throughout the courts nationwide. I don’t have a census of all of those cases because they aren’t hitting my alerts….
Court Upholds a Browsewrap (Because It Was Really a Sign-in-Wrap)–Hoar v. Hotmart
This case involves the Hotmart service, an online marketplace of digital items. The plaintiffs claim they didn’t receive their purchased items and were charged for other unwanted services. Hotmart invoked the venue selection clause in its TOS to try to…