Another "Sign-in-Wrap" TOS Formation Process Fails--Morrison v. Yippee

Another “Sign-in-Wrap” TOS Formation Process Fails–Morrison v. Yippee

When properly implemented, “sign-in-wraps” support TOS formation. Unfortunately, some websites make dubious choices in their implementation, even though the protocols for proper formation seem so simple to me. Courts are also struggling with how to compare “sign-in-wraps” to “clickwraps,” which…

Virtual Casino's "Sign-in-Wrap" Formation Fails--Kuhk v. Playstudio

Virtual Casino’s “Sign-in-Wrap” Formation Fails–Kuhk v. Playstudio

This case involves the following screens: You may need to enlarge the images to see the purported call-to-action. In the top image, it’s purple lettering on a purple background. Serisouly, who does that? The green one is only slightly easier…

Ticketmaster's Attempt to Game Arbitration Services Fails--Heckman v. Live Nation

Ticketmaster’s Attempt to Game Arbitration Services Fails–Heckman v. Live Nation

In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions…

What Is It With "Kennedy" Politicians Bringing Weak Lawsuits Against Facebook?--Baldwin-Kennedy v. Meta

What Is It With “Kennedy” Politicians Bringing Weak Lawsuits Against Facebook?–Baldwin-Kennedy v. Meta

Ronda Baldwin-Kennedy, a lawyer, ran for the US Senate in Nevada as a Republican. She got less than 2,000 votes in the June 2024 primary. Now, she’s suing Meta for a variety of gripes related to her Facebook and Instagram…

Consumers Who Don't Read "Clickwraps" Are Still Bound By Them--Toth v. Everly Well

Consumers Who Don’t Read “Clickwraps” Are Still Bound By Them–Toth v. Everly Well

Raise your hand 🙋‍♂️ if this could describe you too: Joyce Toth clicked on a checkbox indicating that she read and accepted certain terms and conditions, which were contained in a linked “User Agreement.” Her representation was only half true….

Five Decisions Illustrate How Section 230 Is Fading Fast

Five Decisions Illustrate How Section 230 Is Fading Fast

Section 230 cases are coming faster than I can blog them. This long blog post rounds up five defense losses, riddled with bad judicial errors. Given the tenor of these opinions, how are any plaintiffs NOT getting around Section 230…

Second Circuit Says More About the "Reasonable Internet User" Standard for TOS Formation--Edmundson v. Klarna (Catchup Post)

Second Circuit Says More About the “Reasonable Internet User” Standard for TOS Formation–Edmundson v. Klarna (Catchup Post)

[I missed this opinion when it first came out in 2023. Blogging for completeness because of the importance of the “reasonable Internet user” standard.] Klarna offers a “buy now, pay later” option to consumers at third-party e-commerce sites. If a…

AWS Can't Shake BIPA Lawsuit for Providing Services to NBA 2K--Mayhall v. Amazon

AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Amazon

[This opinion from May just showed up in my alerts. I believe that’s because the court and parties are battling over redactions. There have been other decisions involving BIPA, NBA 2K, and sometimes AWS that I haven’t comprehensively blogged. I…

When It Comes to Section 230, the Ninth Circuit is a Chaos Agent--Estate of Bride v. YOLO

When It Comes to Section 230, the Ninth Circuit is a Chaos Agent–Estate of Bride v. YOLO

The Ninth Circuit is interpreting Section 230 again. Time to grab your tissue box. * * * The Jenga-ing of Section 230 continues in the Ninth Circuit. This time, the court blows up the Barnes precedent, which created a promissory…

Ryanair v. Booking CFAA Trial Ends with Strangest Possible Outcome (Guest Blog Post)

Ryanair v. Booking CFAA Trial Ends with Strangest Possible Outcome (Guest Blog Post)

Ryanair recently “prevailed” in its CFAA claim in its litigation against Booking.com. I use scare quotes around “prevailed” because, according to the jury verdict, the actual damages suffered by Ryanair were $5,000. $5,000 just so happens to be the exact…