College Review Website Ordered To Pay $1M For Users’ Disparaging Reviews–Neumont University v. Little Bizzy
Before the headline freaks you out too much, let me highlight the most important fact: this is a default ruling. The defendant was a company but it says it couldn’t find cost-effective counsel, so the company’s principal tried to defend…
Grieving Parents Can’t Sue Topix Website For Son’s Oxy Overdose (Forbes Cross-Post)
Andrew Witkoff wanted to buy the prescription pain-killer drug Oxycodone (a/k/a OxyContin, commonly called Oxy). He found Daniel Park on the Topix online message board. Andrew purchased Oxy from Park and fatally overdosed on the drug. Andrew’s parents sued Park…
Don’t Roll The Dice On Defamation Suits Against Gripe Sites, Especially In California–Ocean’s Eleven v. Anders
This case involves the now defunct website www.oceans11.info. There’s one archival version in Archive.org from 2012, though I found it confusing. The website was a gripe site created by Tim Anders (a/k/a “Dr. Hope“), a professional poker player. Anders protested…
IP Expert Brian Love to Become Co-Director of SCU Law’s High Tech Law Institute (Cross-Post)
[Apologies for cross-posting this press release, but it’s topical.] SANTA CLARA, Calif., May 19, 2014 — Santa Clara University School of Law Assistant Professor Brian Love has been named co-director of the university’s highly regarded High Tech Law Institute. Love joined the…
Advertiser May Have Claims Against SEO Firm Using Undisclosed Spammy Practices
A law firm bought SEO services from an organization called “The Rainmaker Institute.” The relationship didn’t end well. The law firm now says the SEO firm used undisclosed spammy techniques that had a high risk of triggering Google penalties. Allegations…
Linking to Defamatory Content Protected by Section 230—Vazquez v. Buhl
Teri Buhl posted allegedly defamatory content about Vazquez to the Internet. A CNBC editor linked to that post in an article entitled “The Sex and Money Scandal Rocking Hedge Fund Land.” The CNBC article characterized Buhl as a “veteran financial…
Yelp Wins Another Section 230 Case–Kimzey v. Yelp
This is such an easy case, it could have only been brought pro se. The suit involves two Yelp reviews by a user named “Sarah K.” that were allegedly defamatory and otherwise tortious. The court’s substantive discussion (some citations omitted):…
California Moving To Protect Consumer Reviews–AB 2365 (Forbes Cross-Post)
Consumer reviews play a critical role in our marketplace today, and existing consumers can have significant influence over prospective consumers. Many businesses have accepted this new competitive reality, but not all. For example, some businesses ask their customers to contractually…
Keyword Advertising Doesn’t Create General Jurisdiction–Rocke v. Pebble Beach
I know, Internet jurisdiction cases are typically blah, but this was more interesting than most. Still, I’ll keep this post brief. The Rockes visited the well-known Pebble Beach Resorts in California. Mrs. Rocke suffered a slip-and-fall there but sued the…
‘Flash Sale’ Website Defeats Class Action Claim With Mandatory Arbitration Clause–Starke v. Gilt
This is a straightforward ruling, but I liked it because it nicely illustrates what’s happening in the field and the courts right now. Gilt Groupe runs the “flash sale” website Gilt.com. I know some folks love these sites but I’ve…