What is a "Social Media Platform"?--NetChoice v. Uthmeier

This is the post-SCOTUS remand of Moody v. NetChoice. To dispose of various motions, the court must construe the statutory term “social media platform.” Florida’s statutory definition: “Social media platform” means any information service, system, Internet search engine, or access…

NJ Supreme Court Blesses Lawyers' Competitive Keyword Ads (With a Baffling Caveat)

We are at the terminal stage of a 250-year old democracy, so what’s on the priority list for regulators of lawyers? In New Jersey, it’s competitive keyword advertising by lawyers. Seriously? When I wrote on this topic in 2016, I…

Because the SAD Scheme Disregards Due Process, Errors Inevitably Ensue--Modlily v. Funlingo

This started out like every other SAD Scheme case. The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed…

ChatGPT Defeats Defamation Lawsuit Over Hallucination--Walters v. OpenAI

Mark Walters “is a nationally prominent radio show host who hosts two nationally syndicated radio programs and identifies himself as ”the loudest voice in America fighting for gun rights.”” Riehl is a journalist. Both Walters and Riehl are associated with…

A Roundup of Recent Section 230 Decisions Involving Sex Abuse or CSAM

Another lengthy blog post rounding up cases from the past few months involving CSAM or commercial sex and Section 230/FOSTA. Doe #1 v. MG Freesites, Ltd., 2025 WL 1314179 (N.D. Ala.  May 6, 2025) Prior blog posts (1, 2). Previously…

Court Dismisses Lawsuit Over Online Review of a Chicago Dater--D'Ambrosio v. Rajala

The plaintiff in this case is Nikko D’Ambrosio. He recently served time in prison for tax issues. Separately, he brought a lawsuit over the “Are We Dating the Same Guy?” Facebook group, run by Spill the Tea, “where women can…

YouTuber Loses Lawsuit Over Account Suspension--Hall v. YouTube

The court summarizes the facts: In April 2024, Hall became involved in a public feud with another YouTube user, “MoneyBoy Tr3y,” (Tr3y”) which led to the exchange of multiple DMCA takedown notices between the two. Hall alleges that Tr3y submitted…

Addiction Lawsuit Against Character AI Can Proceed--Garcia v. Character Technologies

Online addiction lawsuits are proliferating across the country, a trend that will continue so long as plaintiffs think they can win. This decision largely rejects the defendants’ motion to dismiss, which will induce more plaintiff lawyers to bring more cases….

Photos in a Similar Style Aren't Copyright-Infringing--Woodland v. Lil Nas X

The court summarizes the case: Rodney Woodland, a freelance artist and model, posts semi-naked photographs of himself in different poses on Instagram. Montero Lamar Hill, better known as the recording artist Lil Nas X, also has an Instagram account—and he,…

Video Game Addiction Case Mostly Sent to Arbitration--Orellana v. Roblox (Catch-up Post)

[Introductory note: This case appeared in my alerts recently. It is one of the many video game addiction lawsuits percolating throughout the courts nationwide. I don’t have a census of all of those cases because they aren’t hitting my alerts….