[This post got stuck in my drafts folder…sharing it now for completeness] I see many cases against government employees for posting and moderating content on social media. The topic is a doctrinal morass because many details can affect the analysis….
This post recaps some recent 512(f) cases that have hit my alerts. Surprisingly, all of the decisions involve a positive ruling for the plaintiff, which is different from the typical past outcomes. Maybe the jurisprudential tide is turning? Bungie, Inc….
Last August, in GG v. Salesforce, a split Seventh Circuit panel ruled that Salesforce didn’t qualify for Section 230 in a FOSTA case. I never blogged that opinion for two reasons. First, it came at a busy time (I was…
As you surely know, the state of New York is prosecuting Donald Trump for allegedly falsifying business records in connection with the hush-payments to Stormy Daniels. The judge overseeing the case is well aware of Trump’s shambolic approach to high-stakes…
35 U.S.C. § 299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but…
This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the…
I was honored to deliver this year’s Nies Lecture at Marquette University Law School, with the provocative (but, I hope, accurately descriptive) title “Generative AI is Doomed.” My remarks. This is my first contribution to the AI academic literature. As…
This is one of several copyright cases brought by tattoo artists against videogame makers for depicting athletes bearing their tattoos. This particular case, involving tattoo artist Hayden, videogame NBA 2K, and basketball players like LeBron James, reached a jury. The…
I never blogged the dual state and federal rulings in the Social Media Addiction cases from last Fall. I wrote up a 4,000 word draft about the state court ruling, but the federal ruling came out before I finished it….
This is a routine jawboning case. Facebook and Twitter allegedly shut down Hart’s accounts for disseminating COVID misinformation. Hart claims he was targeted by the government. The district court dismissed the case (1, 2). The Ninth Circuit affirms in a…