Section 230 Applies to Scammy Ads–Glazer v. Facebook
The plaintiff is octogenarian Barry Glazer, an attorney who has a fascinating history of running TV ads and who sells merch at his website that includes his tagline “Don’t urinate on my leg and tell me it’s raining.” [Note: If…
Online TOS Formation Cases Make My Head Hurt
Coverage of two TOS formation cases that hit my alerts this week. Walsh v. Dollar Tree Store, Inc., 2025 WL 2939229 (S.D. Cal. Oct. 16, 2025) Dollar Tree required all website visitors to navigate through an interstitial cookie wall before…
The Wrap Taxonomy Vexes the Judge in the LinkedIn Insight Tag Cases
In the LinkedIn “Insight Tag” cases, Judge Davila issued two opinions where he classified UIs into the Wrap Taxonomy–and left a trail of appeallable issues in his wake. L.W.A. v. LinkedIn Corp., 2025 WL 2780788 (N.D. Cal. Sept. 30, 2025)…
Court Fetishizes Facebook’s TOS Statement That It Takes “Appropriate” Content Moderation Actions–Calise v. Meta
This is the remand of the disastrous Ninth Circuit decision, where a TAFS judge launched a wrecking ball into the Ninth Circuit’s Section 230 jurisprudence. When the dust settled, the 9th Circuit ruling enables plaintiffs to plead around Section 230…
512(f) Claim Sent to Trial (Which Didn’t Happen)–Leszczynski v. Kitchen Cube
[My standard lament that Westlaw’s indexing of Central District of California cases is unusually laggy.] Tomas Leszczynski claimed to have created the Bakercube Measuring Cube. He posted the 3D printing instructions for the cube to the Internet, subject to a…
Another TOS Formation Fails–Carruth v. Big Little Feelings
This is a Meta Pixels case. The plaintiff alleged VPPA violations. 🙄 The defense sought to send the case to arbitration per its TOS. The court disagrees. The Mobile Interface In its moving papers, the defense provided the following screengrab…
The Ninth Circuit’s Flood of TOS Formation Cases
Earlier this year, the Ninth Circuit issued companion rulings in Chabolla and Godun that scrambled Ninth Circuit TOS formation law. You can see where I think things now stand in the (free!) Online Contracts chapter from my Internet Law casebook….
Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post
By Guest Blogger Tyler Ochoa Four years ago, NFTs were the hottest collectibles on the market and were being touted as the NBT (Next Big Thing). People were paying tens of thousands, or in some cases millions, of dollars (or…
Trump Lost the Trump Tapes Ruling, But Could He Still Prevail? (Guest Blog Post)
by guest blogger Tim McFarlin Is the Trump Tapes suit truly over? It’s been dismissed, but not without leave to move to amend for a third time. Would another amended complaint stand a chance? This question is why I’ve accepted…
Trump’s Lawsuit Over The Trump Tapes is Dismissed (Trump v. Simon & Schuster) — Guest Blog Post
By Guest Blogger Tyler Ochoa [UPDATE: for bonus coverage, see Prof. McFarlin’s supplement to this post.] Last week, a federal judge in New York dismissed a lawsuit filed two-and-a-half years ago by then-former President Donald Trump against journalist Bob Woodward…