Online Insurance Application Constitutes “Writing” for Purposes of Waiving Insurance Coverage for Medical Benefits–Barwick v. GEICO
By John Ottaviani Barwick v. Government Employee Insurance Co., Inc., 2011 Ark. 128 (March 31, 2011) [link] Although 47 states, the District of Columbia, Puerto Rico and the Virgin Islands have adopted the Uniform Electronic Transaction Act (UETA), we have…
Ohio Appeals Court: GoDaddy can be Held Liable for Wrongly Transferring Control Over Domain Name and Email Accounts — Eysoldt v. ProScan
[Post by Venkat Balasubramani] Eysoldt v. GoDaddy, et al., C-100528 (Ohio Ct. App.; May 18, 2011) Actions against registrars for allowing domain names to be wrongly transferred have been relatively rare. Members of the Eysoldt family brought claims against GoDaddy…
College Course Description Aggregator Loses First Round in Fight Against Competitor in Scraping Case — CollegeSource v. AcademyOne
[Post by Venkat Balasubramani with comments by Eric] CollegeSource, Inc. v. AcademyOne, Inc., 10-3542 (E.D. Pa.; Apr. 22, 2011) This is a scraping case between CollegeSource and its competitor AcademyOne. It looks like it’s part of a long running dispute…
Another Unhappy Facebook User’s Lawsuit Tossed–Kamango v. Facebook
By Eric Goldman Kamango v. Facebook, 2011 WL 1899561 (N.D.N.Y. April 19, 2011). The judge approved the magistrate order on May 19, 2011. See Kamango v. Facebook, 2011 WL 1899277 (N.D.N.Y. May 19, 2011). The initial complaint. Kamango claims that…
Another Ruling that the Americans with Disabilities Act Doesn’t Apply to Websites–Ouellette v. Viacom
By Eric Goldman Ouellette v. Viacom: The magistrate report: 2011 WL 1882780 (D. Mont. March 31, 2011). The judge’s approval of the magistrate’s report: 2011 WL 1883190 (D. Mont. May 17, 2011). The original complaint (he filed an amended complaint…
Facebook User Loses Lawsuit Over Account Termination–Young v. Facebook
By Eric Goldman Young v. Facebook, Inc., 2011 U.S. Dist. LEXIS 52711 (N.D. Cal. May 17, 2011). My post on Judge Fogel’s Nov. 2010 dismissal of this case with leave to amend. Karen’s lawsuit-related website. I respect people of conviction,…
Thoughts on the Lawsuit Over the @OMGFacts Twitter Account — Deck v. Spartz, Inc.
[Post by Venkat Balasubramani] Deck v. Spartz, Inc., 2:11-cv-01123-JAM-DAD (E.D. Ca.; Apr. 26, 2011) (Complaint) (Agreement) An Associated Press story reports on the lawsuit over the @OMGFacts Twitter account. (Here’s a link to the story with comments from Professor Goldman.)…
Facebook Scores Initial Win Against Privacy Plaintiffs Over Data Leakage Claims — In re Facebook Privacy Litigation
[Post by Venkat Balasubramani] In re Facebook Privacy Litigation, 2011 WL 2039995 (N.D. Cal.; May 12, 2011) There are so many recent privacy class actions out there, it’s become tough to keep track of them all. One of the early…
Twitpic Modifies Terms and Claims Exclusive Rights to Distribute Photos Uploaded to Twitpic
[Post by Venkat Balasubramani] I posted about the dispute between a photographer and Agence France-Presse over images AFP allegedly downloaded via Twitpic and used without permission. AFP argued that the license terms of Twitter or Twitpic authorized its use of…
Acknowledging Receipt of an Email Doesn’t Form a Contract–Stebbins v. Wal-Mart
By Eric Goldman Stebbins v. Wal-Mart Stores Arkansas, LLC, 2011 WL 1519390 (W.D. Ark. April 14, 2011). Lawsuits like these tend to be associated with repeat users of the judicial process; see the Justia Arkansas page for other lawsuits possibly…