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 of copyright and contracts to get around Section 230. I…
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. LinkedIn Corp., 2025 WL 2780788 (N.D. Cal. Sept. 30, 2025)…
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. March 12, 2025: plaintiff files the sealed Schedule A enumerating…
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 9th Circuit ruling enables plaintiffs to plead around Section 230…
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 attend and will likely be active during Q&A. I encourage…
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 the Ninth Circuit at least once. The docket has 1,200+…
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 instructions for the cube to the Internet, subject to a…
Another TOS Formation Fails–Carruth v. Big Little Feelings
This is a Meta Pixels case. The plaintiff alleged VPPA violations. 🙄 The defense sought to send the case to arbitration per its TOS. The court disagrees. The Mobile Interface In its moving papers, the defense provided the following screengrab…
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 claims that BViral sent 512(c)(3) takedown notices to Facebook targeting…
Amicus Brief Urges Seventh Circuit to Award Attorneys’ Fees in SAD Scheme Case–Louis Poulsen v. Lightzey
Prof. Betsy Rosenblatt (Case Law) and I filed an amicus brief supporting the Seventh Circuit appeal of a SAD Scheme defendant. The amicus brief was drafted by Wesley Johnson and the team at Cross-Border Counselor LLP. Note: We found out…