Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)
…total, AA has alleged 12 legal claims: 1. Breach of Contract 2. Tortious Interference with a Contract 3. Unfair Competition by Misappropriation 4. Trespass 5. Trademark infringement 6. Dilution 7….
California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)
…are required, under the Erie doctrine, to apply state substantive law when exercising supplemental or diversity jurisdiction over breach of contract cases with online agreements. Since federal courts often look…
LifeLock Identity Theft Protection Policy May Cover Theft of Cryptocurrency Assets–Atwal v. LifeLock
…Identity Event” (the loss of his account access credentials) and states a breach of contract claim on this basis. Breach of the Duty of Good Faith and Unjust Enrichment: The…
Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman
…JLM sued, asserting, among other claims, that Gutman: (1) violated her non-compete by agreeing to appear at the bridal expo; (2) breached the name-rights agreement by using the “misshayleypage” Instagram…
Antitrust Law Doesn’t Prevent Apple From Rejecting Apps From Its App Store–Coronavirus Reporter v. Apple
…anti-trust injury? No. That is not the kind of injury antitrust laws are intended to protect. Breach of Contract. The plaintiffs claim Apple’s developer agreement said “that entities with ‘deeply…
Armslist Loses Two Section 230 Rulings, But Still Defeats Both Lawsuits
…then per the Vesely case, Armslist lacked a special relationship to the plaintiffs. Breach. “The second amended complaint alleges facts sufficient to assert breaches of that duty—the failure to implement…
One More Time: Facebook Isn’t a State Actor–Atkinson v. Facebook
…focus’ on promoting free speech online—rather than on ‘the needs of any particular person’—cautions against concluding that a private cause of action exists.” Breach of Implied Warranty. “Atkinson’s breach of…
All of Trump’s Social Media Lawsuits Now Have Been Transferred to the Defendants’ Home Courts–Trump v. Facebook
…the forum-selection clause expressly covers….Plaintiffs’ claims “do not have to be about breach of the parties’ agreement; [Plaintiffs’] claims merely have to ‘relate’ to the Terms.” Accordingly, it is clear…
Another Online Account Termination Case Fails–King v. Facebook
…community standards. Attempts to resurrect it were unsuccessful. The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and…
Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart
…they sure could have. Case Citation: Foster v. Walmart, Inc., No. 20-1787 (8th Cir. Oct. 8, 2021) Some Prior Blog Posts on Walmart Litigation CCPA Data Breach Lawsuit Against Walmart…