Q3 2011 Quick Links, Part 3
…Thompson, Graham, Singley, Howard, Seamon, Beatty, Parrish, Rutledge, Brkic and Hoffman. * Pandora got sued for privacy breaches too. I’m surprised this took so long. * OnStar had its own…
Spam Claims Covered by Contract’s Indemnity Clause–Commonwealth Marketing Group v. IMG Assocs.
…from (i) any breach or default on the part of IMG . . . , (ii) any act outside the scope of IMG’s duties . . ., (iii) any breach…
Massachusetts Court Dismisses Lawsuit Alleging Failure to Adequately Safeguard Personal Information — Katz v. Pershing
…court rejects this argument, finding that the data breach statute defines a “breach of security” to include an “unauthorized acquisition or unauthorized use” of encrypted data. While breaches that create…
Court Declines to Dismiss or Transfer Lawsuit Over @OMGFacts Twitter Account — Deck v. Spartz, Inc.
…agreement and on the other hand he was suing for breach. The court disagrees and says that dispute is over the remedies Deck is entitled to if he gets to…
iPhone Privacy Class Action Dismissed for Lack of Standing — In re iPhone App. Litigation
…speculative. Breach of the duty of good faith: The court tells plaintiffs to identify which of the end user agreements and privacy agreements plaintiffs are using to support their duty…
Copyright Preempts State Tort Claims Over Loss of Control Over Website — 78th Infantry Div. v. Oprendek
…registered the website’s contents with the copyright office. The Association sued in state court, alleging conversion, trespass to chattels, breach of the duty of loyalty, tortious interference, and unjust enrichment….
Bad SEO Advice May Support Negligence Claim–D’Agostino v. Appliances Buy Phone
…a violation of New Jersey Consumer Fraud Act, negligence and contract breach. The court refuses motions to dismiss the three counterclaims. On the NJCFA claim, Sigman claimed “Plaintiff knowingly created…
Marijuana Activist Can’t Change His Name to “NJWeedman.com” — In re Forchion
…the registrant breaches the domain name registration agreement in any number of ways (e.g., fails to pay fees, allows the domain name registration to lapse, uses the domain name in…
Google Gets a Good Win in the MyTriggers Lawsuit
…allegation of antitrust injury. * MyTriggers’ contract breach claim fails because MyTriggers never properly identified the allegedly breached contract or Google’s breach. * MyTriggers’ promissory estoppel claim fails because MyTriggers…
Another Lawsuit over Flash Cookies Fails — Bose v. Interclick
…Cookies Lawsuit Tossed for Lack of Harm–La Court v. Specific Media Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou…