District of New Jersey Adopts SAD Scheme Standing Order

[A reminder that I am collecting SAD Scheme standing orders. If you have seen one, can you please email it to me even if you think I might have seen…

Patient’s Negative Review of Her Dentist Wasn’t a “Matter of Public Concern”–J&D Dental v. Hou

Over a dozen years ago, I did a whole thing about healthcare providers suing their patients for defamation. I helped build the DoctoredReviews website to advocate against Medical Justice’s weaponization…

The Wrap Taxonomy Vexes the Judge in the LinkedIn Insight Tag Cases

In the LinkedIn “Insight Tag” cases, Judge Davila issued two opinions where he classified UIs into the Wrap Taxonomy–and left a trail of appeallable issues in his wake. L.W.A. v….

Court “Sanctions” SAD Scheme Judge Shopping—Crimpit v. Schedule A Defendants

Another SAD Scheme plaintiff has been caught judge-shopping. The court’s timeline: March 10, 2025: plaintiff files a SAD Scheme complaint in SDFla, Miami division, that is assigned to Judge Ruiz….

Court Fetishizes Facebook’s TOS Statement That It Takes “Appropriate” Content Moderation Actions–Calise v. Meta

This is the remand of the disastrous Ninth Circuit decision, where a TAFS judge launched a wrecking ball into the Ninth Circuit’s Section 230 jurisprudence. When the dust settled, the…

Chicago-Kent SAD Scheme Symposium TOMORROW

Tomorrow, the Chicago-Kent Law Review is hosting an online symposium entitled “Unsealing Schedule A.” Follow the link for free registration. I’m not speaking at the event, but I plan to…

When Does Content Moderation Trigger Direct Copyright Infringement?–LoopNet v. CREXi (Catch-up Post)

[My standard lament about Westlaw’s delays processing opinions from the Central District of California.] CoStar (LoopNet) and CREXi are involved in a 5+ year litigation war that has already reached…

512(f) Claim Sent to Trial (Which Didn’t Happen)–Leszczynski v. Kitchen Cube

[My standard lament that Westlaw’s indexing of Central District of California cases is unusually laggy.] Tomas Leszczynski claimed to have created the Bakercube Measuring Cube. He posted the 3D printing…

Another TOS Formation Fails–Carruth v. Big Little Feelings

…memes for my class emphasizing that TOS formation needs two clicks, not one. Here is one of the memes, stating Goldman’s Third Law of TOS Formation: The Confirmatory Email After…

512(f) Doesn’t Support Preliminary Injunction–BViral v. TheSoul

TheSoul runs a Facebook account that seeks to publish viral content, much of which it purports to license. BViral is a video licensing organization with a 65k video portfolio. TheSoul…

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