Facebook Not Liable for Account Termination–Young v. Facebook
…parties.” * Young’s fraud allegations lacked the requisite specificity. I think the most interesting discussion relates to Young’s breach of contract claim. The court dismisses it as well, but it…
Auction Platform Protected by 47 USC 230 for a Rogue Auction–Simmons v. Danhauer
…judgment. The court buzzes through Simmons’ claims based on the prima facie elements. It dismisses the negligence claim because the core harm here is an alleged breach of contract (Danhauer’s…
Sending Politically Charged Emails Does Not Support Disturbing the Peace Conviction — State v. Drahota
…could not be convicted of breach of the peace for sending the emails, on the basis that regardless of whether the words inflicted emotional injury, the proper test was whether…
September 2010 Quick Links, Part 2
…Sept. 24, 2010). Anonymous harsh emails cannot be prosecuted as a breach of the peace when they did not amount to “fighting words.” * California enacts an “e-personation” law against…
Two More Courts Close the Doors on Data Breach Plaintiffs
…blog posts on data breach cases: When Does a Privacy Policy Breach Support a Breach of Contract Claim? In re JetBlue (Dec. 2005) Acxiom Not Liable for Security Breach–Bell v….
Anti-Scraping Lawsuit Largely Gutted–Cvent v. Eventbrite
…Rebecca is a Dastar expert, and she explains why the court whiffed. Breach of Contract Eventbrite tries to dismiss the contract breach claim on three grounds: 1) Copyright preemption. Although…
Software Vendor Trumps First Sale Doctrine via License–Vernor v. Autodesk
…the contractual restrictions on at least some of the copies, Autodesk’s sole avenue to relief would be a breach of contract action against Caldwell/Thomas. Second, his customers could assert the…
Google Gets Good Results in Three AdWords Trademark Cases (Jurin, Flowbee, Dazzlesmile)
…ruling, the court has rejected Jurin’s claims for false designation of origin and false advertising on a 12(b)(6) motion to dismiss. The court also rejected Jurin’s claim of contract breach…
Internet Rewards Program Class Action Survives Initial Motion to Dismiss — In re Easysaver Rewards
…every step of the way. (But see In re JetBlue, discussed in Professor Goldman’s post here: “When Does a Privacy Policy Breach Support a Breach of Contract Claim? In re…
Baidu Can Maintain Negligence Claims Against Register.com for Lax Security Practices Which Allegedly Facilitated Cyber-Attack – Baidu v. Register.com
[Post by Venkat] Baidu, Inc. v. Register.com, Inc., Case no. 10 Civ. 444 (DC) (S.D.N.Y.) (July 22, 2010). Background: Baidu registered the domain name with Register.com, a domain name registrar,…