Barnes Also Seeks Rehearing in Barnes v. Yahoo

By Eric Goldman

Cecilia Barnes has also filed a brief requesting a rehearing in Barnes v. Yahoo. The brief says it’s seeking rehearing on a single issue, although it doesn’t actually summarize that issue in a single sentence. However, the brief at the end says it wants the court to “conclude that once Yahoo! had voluntarily assumed a publisher’s responsibility to remove the postings, the responsibility is enforceable by any lawfully applicable remedy.” The brief describes that Yahoo’s voluntary promise to take down the content should give rise to tort liability in addition to the promissory estoppel claim.

The brief is short. It’s also remarkable as the first appellate brief I can recall seeing where the “discussion” section has zero citations.

The case library:

* Barnes’ petition for rehearing

* Public Citizen et al amicus brief in support of rehearing

* Yahoo’s petition for rehearing

* Ninth Circuit opinion and my blog post on it

* Ninth Circuit oral arguments

* District court opinion and my blog post on it

* Barnes’ response to Yahoo’s motion to dismiss

* Yahoo’s brief in support of its motion to dismiss

* Yahoo’s motion to dismiss

* Yahoo’s notice of removal to federal court (which contains Barnes’ initial complaint)

The Justia page has even more materials from the district court proceedings.