A Reward Offer Still An Offer, Even if It’s Made on YouTube – Augstein v. Ryan Leslie
[Post by Venkat Balasubramani, with comments from Eric] Augstein v. Leslie, 2012 WL 4928914 (S.D.N.Y. Oct. 17, 2012). As the post’s title implies, this case is about a reward offer that the plaintiff is trying to enforce. Ryan Leslie, a…
Sony Network Data Breach Class Action Suffers Setback — In re Sony Gaming Networks
[Post by Venkat Balasubramani] In re Sony Gaming Networks and Customer Data Security Breach Litigation, 2012 WL 4849054 (S.D. Cal.; Oct. 11, 2012) This is a class action arising out of a hack of Sony’s online gaming network. The hacks…
Second Circuit Says Arbitration Clause in Terms Emailed After-the-Fact Not Enforceable – Schnabel v. Trilegiant
[Post by Venkat Balasubramani with comments by Eric] Schnabel v. Trilegiant, 2012 U.S. App. LEXIS 18875 (2d Cir.; Sept. 7, 2012) Eric recently blogged at Forbes about a terms of service gaffe by Zappos that prevented Zappos from being able…
Lovelorn Plaintiffs Strike Out Against Match.com – Robinson v. Match.com
[Post by Venkat Balasubramani] Robinson v. Match.com, 10-CV-2651-L (N.D. Tex. Aug. 10, 2012) [pdf] This is another suit brought by users of a dating site who claim that a dating site deceptively leaves inactive users in its system, thus reducing…
Another Blow to Banks in ACH Fraud Cases: Funds Transfers Act Preempts Indemnity Agreements — Choice Escrow v. BancorpSouth
[Post by Jake McGowan] Choice Escrow and Land Title, LLC v. BancorpSouth Bank, 10-03531 (W.D. Miss. Aug. 20, 2012) Asharkyu / Shutterstock.com Last month, we blogged about Patco v. Ocean Bank, where the First Circuit held that the bank may…
Fight Over Access to Log-in Credentials for Blog Does not Trigger Copyright Preemption – Insynq v. Mann
[Post by Venkat Balasubramani with comments by Eric] Insynq, Inc. v. Mann, 3:12-cv-05464 RBL (W.D. Wash.; Aug. 29, 2012) Insynq is an application service provider that “provides virtual desktops and remotely hosts applications for accountants and small business owners.” Mann…
Barnes & Noble’s Online Contract Formation Process Fails –Nguyen v. Barnes & Noble
[Post by Venkat Balasubramani] Nguyen v. Barnes & Noble, 12-cv-0812-JST (RNBx) (C.D. Cal.; Aug. 28, 2012) Plaintiff tried to purchase an HP “TouchPad” tablet that was on sale because the model was being discontinued by HP. According to plaintiff, he…
Virtual (SuperPoke!) Pet Owners Must Arbitrate Their Claims Against Google and Slide — Abreu v. Slide
[Post by Venkat Balasubramani] Abreu v. Slide, Inc., 12 0042 WHA (N.D. Cal.; July 12, 2012) This is a motion to compel arbitration filed by Google and Slide, the developer of SuperPoke! Pets. As mentioned by Eric in this initial…
Online Marketplace Not Liable to Buyer for Aborted Private Sale of Facebook Shares — Facie Libre Associates v. SecondMarket Holdings
[Post by Venkat Balasubramani] Facie Libre Associates v. SecondMarket Holdings, 2012 N.Y. Misc. Lexis 3914; 2012 NY Slip Op 51545U (Supreme Court of NY; Aug 10, 2012) SecondMarket operates an “online marketplace website” where shares of privately held companies are…
No Liability for Takedown Notice that Results in Termination of Facebook Page — Lown Cos. v. Piggy Paint
[Post by Venkat Balasubramani, with comments from Eric] Lown Companies v. Piggy Paint, LLC, 1:11-cv-911 (W.D. Mich.; Aug. 9, 2012) Lown and Piggy Paint are squabbling over “piggy paint” trademarks. Lown has a registration for “PIGGY POLISH,” and alleges that…