Another Collision of Housing Regulations and Online Innovation–SF Housing Rights Committee v. HomeAway
…overexpansive implications of the argument. Other claims failed too. HomeAway didn’t create a breach of the implied covenant of quiet enjoyment (in favor of other tenants) because the covenant only…
Facebook Isn’t Liable for Fake User Account–Caraccioli v. Facebook
…to remove it. The breach of contract claim failed because the contract expressly disclaimed responsibility for third party content. According to what purports to be his LinkedIn profile, Caraccioli has…
How a Chipmunk Emoji Cost an Israeli Texter $2,200
…A breach of such duty may give rise to damages, and in special circumstances, specific performance remedy or expectation damages. In this case, the court awarded the landlord reliance damages…
Section 230 Protects Grindr From Harrassed User’s Claims–Herrick v. Grindr
…breach claims all stem from the same underlying concern about product safety, so the court lumps them together with the misrepresentation discussion. Conclusion The court reaches the right legal result,…
YouTube Defeats Another Remove-and-Relocate Case–Darnaa v. Google
…down so that the only active claim was a breach of the implied covenant of good faith and fair dealing. That’s a difficult claim to win in any circumstance, especially…
Actress in Viral Video Can’t Prevent Video From Being Made Into an Advertisement–Roberts v. Bliss
…state law claims (breach of contract and covenant of good faith and fair dealing, violation of NY Civil Rights Law Sections 50-51, violation of the right of publicity, quantum meruit,…
2H 2016 Quick Links, Part 9 (Privacy/Security)
…the breach allegedly already has occurred, and any consequences of the breach have occurred specifically to Carlsen as a result of the actions of GameStop’s alleged systematic disclosure via the…
Does Google’s Non-Disclosure Agreement With Employees Overreach? (Guest Blog Post)
…that their legitimacy is not ordinarily challenged until an employee is sued for an alleged breach of confidentiality, emotionally-charged allegations that usually put an employee at a disadvantage from the…
2H 2016 Quick Links, Part 3 (Trademarks and Domain Names)
…monitoring and removal. The court finds that the parties’ anticipation of this fact defeats plaintiffs’ claim that defendants breached these terms of the contract. The November 16, 2015 Affidavit of…
Section 230 Doesn’t Protect Amazon From Products Liability Claims–McDonald v. LG
…sued Amazon for negligent failure to warn, negligence, and breach of implied warranty. Amazon asserted a Section 230 defense because its marketplace vendor sold the battery. Amazon wins a motion…