Teacher Who Blogged Pseudonymously About Students Being “Rat-Like” or “Dunderheads” Loses Appeal
This case involved a teacher who maintained a pseudonymous blog that, along with her personal observations and musings, chronicled some of her frustrations with students. One post in particular talked about her challenges with providing tailored feedback for her students,…
Sisterly Online Squabbling Isn’t Criminal Stalking
This is a stalking and harassment case. The complainant’s allegations are below: I observed a photograph of a telephone number and a caption stating, “Found on the street. No.callme # anytakers? # foragoodtime.” posted on Instagram by username “[NAME REMOVED]*,”…
Recent FCC Order Helps Shopkick Defeat TCPA Claims
This is a TCPA lawsuit against Shopkick, a rewards-based app that lets shoppers accumulate and use in-store rewards. Plaintiff brought a putative class action, alleging that Shopkick caused invites to be sent to users’ contacts. Shopkick previously filed a motion…
Gmail Terms of Service Apply to reCAPTCHA During Account Formation–Rojas-Lozano v. Google
This lawsuit against Google alleges that Google unfairly benefits from deploying a CAPTCHA process when users sign up for free gmail accounts. Specifically, the complaint alleged that Google unnecessarily included a second image in the CAPTCHA, and it relies on users…
Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement
This is a lawsuit against Jawbone, a fitness tracker app, alleging that Jawbone’s battery life was significantly shorter than promised, and that it failed to accurately track and measure movement, calorie expenditure, and sleep: [plaintiff] appeared inactive when he had…
School District Wrongly Disciplined Student for a Two Word Tweet
Plaintiff was an honor student and athlete at Rogers High School, with no previous disciplinary record. In response to a tweet from an anonymous Twitter account (Roger Confessions) asking whether “[plaintiff] actually made out with [name of female teacher at…
Second Circuit Enforces Terms Hyperlinked In Confirmation Email–Starkey v. G Adventures
Plaintiff Starkey booked a trip online through G Adventures. She alleges a G Adventures employee assaulted her during the trip. She sued G Adventures in the Southern District of New York. That court dismissed her lawsuit based on a forum…
Court Allows Facebook Expert to Testify in Threat Case–U.S. v. Bradbury
I previously blogged about US v. Bradbury, a prosecution for Facebooking allegedly jocular threats to blow up buildings and kill government officials. (See: “When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not Often”.) Bradbury was…
University Can’t Quash Lawsuit by Professor Fired for Tweeting Political Opinion
Dr. Steven Salaita, a tenured professor at Virginia Tech, took a job at University of Illinois. After going through the interview process, UI sent him an offer letter for him to accept and sign. As is typically the case, the…
AARP Defeats Lawsuit for Sharing Information With Facebook and Adobe
Plaintiff sued AARP alleging that AARP violated its privacy policy (link to policy effective April 2015) by allowing Adobe and Facebook to collect PII about plaintiff. The court says there’s not a sufficient allegation of violation of AARP’s privacy policy…