Antitrust Law Doesn’t Prevent Apple From Rejecting Apps From Its App Store–Coronavirus Reporter v. Apple
This case involves two apps that Apple rejected from its app store. The Coronavirus Reporter app “sought to collect ‘bioinformatics data’ from users about COVID-19 symptoms that it would then share with ‘other users and [unidentified] epidemiology researchers.’” Sounds sketchy…
New York Court Is the Wrong Venue for UK GDPR Class Action–Finch v. Xandr
Maybe I’ve missed other cases in this genre, but I don’t recall seeing them. Xandr self-describes as “the only open, end-to-end platform for scaled, sophisticated campaigns on premium inventory across screens on premium inventory from CTV to data-driven linear and…
A 512(f) Plaintiff Wins at Trial! 👀–Alper Automotive v. Day to Day Imports
Background A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. Congress recognized how much power it…
One More Time: Facebook Isn’t a State Actor–Atkinson v. Facebook
Cameron Atkinson self-describes as “a Christian, a trial and appellate lawyer at Pattis & Smith, LLC, a former business consultant, a published constitutional scholar, and a general hell-raiser.” Publicly testing his appellate/Conlaw chops and hell-raising skills, he took his own…
All of Trump’s Social Media Lawsuits Now Have Been Transferred to the Defendants’ Home Courts–Trump v. Facebook
In July, Trump sued Twitter, YouTube, and Facebook for terminating his accounts in three separate doomed-to-fail lawsuits. The lawsuits were filed in Trump’s home court of Southern District of Florida. The three defendants all filed motions to transfer the cases…
Another Online Account Termination Case Fails–King v. Facebook
The plaintiffs are Adrienne Sepaniak King and Christopher Edward Sepaniak King, a mother-son duo. The family that sues together stays together. Facebook terminated the mom’s account allegedly for violating Facebook’s community standards. Attempts to resurrect it were unsuccessful. The lawsuit…
Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart
This is the latest dubious Internet Law ruling from the Eighth Circuit. (Other dubious rulings in 2021 include Select Comfort v. Baxter and Campbell v. Reisch). In this ruling, the court says Walmart may have imposed a binding arbitration clause…
Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon
This is the latest update in Nicosia’s multi-year lawsuit against Amazon. That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). The district court found Nicosia was bound by the arbitration agreement in Amazon’s terms of…
Trump’s Must-Carry Lawsuit Against Twitter Moved to Twitter’s Home Court–Trump v. Twitter
As you recall, in July, Trump sued Twitter, Facebook, and YouTube for “deplatforming” him. As expected (see image to the right), YouTube successfully transferred its case to the Northern District of California. Now Twitter has done the same. (A reminder…
Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v. Peloton
This case involves the Peloton treadmill (“Tread+”). The treadmill has caused numerous personal injuries, and Peloton has recalled it. In this case, a 3 year old boy suffered personal injuries due to a Tread+ his dad bought. The dad, mom,…