Lovelorn Plaintiffs Strike Out Against Match.com – Robinson v. Match.com
…site deceptively leaves inactive users in its system, thus reducing the users’ chances of finding their soulmate. The court dismisses their claims and sends them packing. Breach of contract: Plaintiffs…
Court Says No Negligence Claim for Third Party Infringement via Open Wi-Fi Connection – AF Holdings v. Doe
…argued that Hatfield “had a duty to secure his internet connection,” and his breach of that duty meant that he could be held liable for the infringements of others. The…
Barnes & Noble’s Online Contract Formation Process Fails –Nguyen v. Barnes & Noble
…offer? And finally, what were the plaintiff’s damages from B&N’s alleged breach? Could they have sourced an HP TouchPad tabled elsewhere? Additional coverage: “Browsewrap fails to bind customer to individual…
Online Marketplace Not Liable to Buyer for Aborted Private Sale of Facebook Shares — Facie Libre Associates v. SecondMarket Holdings
…so was a breach. Website terms: SecondMarket argued that it had an online agreement in place that contained a one year limitations period on when claims could be brought. The…
Bank Might Bear Loss for Fraudulent Money Transfers Initiated From Its Website–Patco v Ocean Bank (Catch-Up Post)
…the breach if its carelessness with a password or user ID led to the breach. On the other hand, a breach of such an obligation might just be a way…
Ex-Employee’s Access/Misuse of Employer Files States CFAA Claim — Weingand v. Harland Financial
…Finally, the court says that the employer’s claims for conversion, breach of contract, unjust enrichment, interference with prospective economic advantage, and unfair competition (under California’s UCL statute) would survive a…
Online Marketplace Isn’t Liable for Bad Conduct by Merchants It Certifies–Englert v. Alibaba
…misrepresentation, and breach of contract (plaintiffs didn’t contest Alibaba’s request to dismiss the breach of contract claims). The court says that plaintiffs’ claims do not allege any false statements on…
CA Court Confirms that Pineda v Williams-Sonoma (the Zip-Code-as-PII Case) Applies Retrospectively — Dardarian v. OfficeMax
…a breach of the customer’s privacy. While the fact that OfficeMax did not reverse-engineer this information may bear on OfficeMax’s culpability, the fact that it collected the information in the…
4th Circuit Limits the Reach of the Computer Fraud and Abuse Act – WEC Carolina Energy Solutions v. Miller
…breach of your implied duties, or you technically violate the policy and therefore are no longer authorized to utilize your employer’s network, your ongoing access of your employer’s network is…
Judge Koh Puts the Kibosh on LinkedIn Referral ID Class Action — Low v. LinkedIn
…representations within LinkedIn’s privacy policy and made a purchasing decision based on these representations. Breach of contract: Plaintiffs’ breach of contract claims fails because they have not alleged sufficient damages….