Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)
by Kieran McCarthy When the Supreme Court decided Van Buren v. United States last summer, many Computer Fraud and Abuse Act experts felt that the decision avoided the worst interpretations of the CFAA, while consciously leaving most of its practical…
Section 230 Applies to Sellers’ Listings on Auto Auction Service–Cohen v. Copart
Copart runs an auto auction website that includes “repairable” cars, i.e., junkers. The plaintiff sued for three alleged misrepresentations, including: On vehicle pages, Copart displays an Estimated Retail Value for the vehicle. Plaintiff contends that this number is false and…
Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice–Alkutkar v. Bumble
Alkutkar used the dating app Bumble. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble successfully redirects the case to arbitration based on its…
Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple
This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). The plaintiffs’…
Section 230 Doesn’t Protect App Stores That Sell Virtual Chips for Casino Apps–In re Apple App Store
Introduction This case relates to “social casino apps” that simulate casino games like slot machines. Players pay real cash to buy virtual chips, which they can only use in the app, i.e., the player can never cash out their virtual…
11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports
I’m going on a limb and saying that I believe this is the first appellate court upholding a 512(f) plaintiff win. The closest plaintiffs have gotten in the past is the Ninth Circuit’s Lenz case, which had plaintiff-favorable language but…
A Court Calls Out Congress & the DOJ for Not Clarifying the ADA’s Application to Online Retailers–Martinez v. Cot’n Wash
This lawsuit involves the online retailer dropps.com (apparently it sells cleaning products). Martinez claims that the website isn’t ADA compliant. Martinez sued for an Unruh Act violation, predicated on an ADA violation. The court rejects the claim because a “place…
Quick Links from the Past Year, Part 6 (Defamation & Much More)
Defamation * US Dominion Inc. v. Fox Network News LLC, No.: N21C-03-257 EMD (Del. Superior Ct. Dec. 16, 2021). Dominion’s defamation lawsuit against Fox News for its role in the “Big Lie” about the 2020 presidential election results survives Fox…
1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker
1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. 17 years later, I’m still blogging their ignoble trademark lawsuits. 🤡 Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v….
Three More Yearbook/People Database Cases Signal Trouble for Defendants
Yearbook/people database opinions are being issued faster than I can blog them. They are not going well for defendants. The opinions are so lengthy and repetitive that I’m just going to cut-and-paste the parts I think are relatively noteworthy. Sorry…