A Significant Section 230 Defense Win in the Ninth Circuit--Dyroff v. Ultimate Software

A Significant Section 230 Defense Win in the Ninth Circuit–Dyroff v. Ultimate Software

This is an important Section 230 ruling from the Ninth Circuit. First, it decisively rejects several of the flavor-of-the-month theories plaintiffs have advanced to eviscerate Section 230. Second, the opinion resolves those theories efficiently and with little wasted motion. That…

Section 230 Doesn't Protect Print-on-Demand Vendor--Atari v. Sunfrog

Section 230 Doesn’t Protect Print-on-Demand Vendor–Atari v. Sunfrog

Atari sued a print-on-demand outfit, Sunfrog, for user-uploaded designs that are allegedly infringing. In addition to copyright and trademark claims, Atari asserted an unfair competition claim. Sunfrog defended that claim on Section 230 grounds. The court says no. At this…

Wisconsin Court Holds Amazon Can Be Strictly Liable for Marketplace Items--State Farm v. Amazon

Wisconsin Court Holds Amazon Can Be Strictly Liable for Marketplace Items–State Farm v. Amazon

This is another case seeking to hold Amazon liable for defective items sold by its marketplace vendors (in this case, a bathtub faucet adapter that led to a household flood). Amazon had a remarkable string of wins in cases like…

Lessons from Bumble's Choice of Law Clause--King v. Bumble

Lessons from Bumble’s Choice of Law Clause–King v. Bumble

This is a lawsuit against the dating app “Bumble” challenging Bumble’s refund and renewal practices. Plaintiffs allege Bumble violated two California statues: (1) the Dating Service Law, and (2) the Automatic Renewal Law. The first requires dating services to give…

1H 2019 Quick Links, Part 6 (Privacy, E-Commerce, & More)

Privacy * Gullen v. Facebook, Inc., 2019 WL 2486566 (9th Cir. June 14, 2019): No reasonable jury could conclude that Facebook subjected the photo uploaded to the Glenview Patch organizational Facebook page (which is the only photo at issue in this appeal) to…

Amazon May Be Liable for Marketplace Items–Oberdorf v. Amazon

In what could be a seismic ruling, the Third Circuit held that Amazon is a legally responsible seller of defective marketplace items, exposing it to potentially enormous liability. This represents the worst loss yet for Amazon over marketplace sales. However,…

Amazon Might Be Liable for Defective Marketplace Items (But Only When It Tries to Warn Consumers)--Fox v. Amazon

Amazon Might Be Liable for Defective Marketplace Items (But Only When It Tries to Warn Consumers)–Fox v. Amazon

This is one of many lawsuits over defective hoverboards sold by vendors in Amazon’s marketplace. Starting in November 2015, Amazon conducted an investigation into the dangers of hoverboards. On December 11, 2015, Amazon decided the entire category of hoverboards was…

Latest Linkwrap on FOSTA's Aftermath

Latest Linkwrap on FOSTA’s Aftermath

Some FOSTA-related links that have accumulated over the past few months: Lucy Kahn, “Against FOSTA/SESTA: One Canary’s Cry From Inside the Coal Mine“ Now that FOSTA/SESTA has been voted into law, I’ve literally seen my advertising platforms disappear before my…

Court Declines to Dismiss Data Breach Claims Against Facebook Based on Access Token Incident--Bass v. Facebook

Court Declines to Dismiss Data Breach Claims Against Facebook Based on Access Token Incident–Bass v. Facebook

This is a data breach lawsuit against Facebook. Judge Alsup denies Facebook’s motion to dismiss, although he does find that Facebook’s contract disclaimer (likely) neutralizes numerous contract-based claims. Background: Facebook announced a vulnerability that allowed third parties to obtain “access…

Amazon Isn’t Liable for Defective Marketplace Sale (No Thanks to Section 230)–Erie Insurance v. Amazon

A buyer purchased an LED headlamp in Amazon’s marketplace from a third party merchant (“Dream Light”) and gave it as a gift. The batteries allegedly malfunctioned and caused a fire in the gift-receiver’s house. The home insurer paid $313k+ for…