Supreme Court Addresses When Government Employees’ Social Media Accounts are State Action (Lindke & Garnier)
[This post got stuck in my drafts folder…sharing it now for completeness] I see many cases against government employees for posting and moderating content on social media. The topic is…
Plaintiffs Make Some Progress in 512(f) Cases
This post recaps some recent 512(f) cases that have hit my alerts. Surprisingly, all of the decisions involve a positive ruling for the plaintiff, which is different from the typical…
The 7th Circuit’s Section 230 Jurisprudence’s Impact on FOSTA Cases
Last August, in GG v. Salesforce, a split Seventh Circuit panel ruled that Salesforce didn’t qualify for Section 230 in a FOSTA case. I never blogged that opinion for two…
Trump’s Retweets Are Criminal Contempt of a Gag Order–People v. Trump
As you surely know, the state of New York is prosecuting Donald Trump for allegedly falsifying business records in connection with the hush-payments to Stormy Daniels. The judge overseeing the…
Misjoinder Dooms SAD Scheme Patent Case–Wang v. Schedule A Defendants
35 U.S.C. § 299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” Congress enacted this requirement to restrict patent trolls who were…
Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. Warner Bros.
This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking…
Why Generative AI is Doomed
I was honored to deliver this year’s Nies Lecture at Marquette University Law School, with the provocative (but, I hope, accurately descriptive) title “Generative AI is Doomed.” My remarks. This…
Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K
This is one of several copyright cases brought by tattoo artists against videogame makers for depicting athletes bearing their tattoos. This particular case, involving tattoo artist Hayden, videogame NBA 2K,…
Zuckerberg Avoids Personal Liability for Social Media “Addiction”–In re Social Media Addiction
I never blogged the dual state and federal rulings in the Social Media Addiction cases from last Fall. I wrote up a 4,000 word draft about the state court ruling,…
Jawboning Defendants Are 6-for-6 in the Ninth Circuit–Hart v. Facebook
This is a routine jawboning case. Facebook and Twitter allegedly shut down Hart’s accounts for disseminating COVID misinformation. Hart claims he was targeted by the government. The district court dismissed…