This is one of many FOSTA cases in process. They are all quite complicated and hard to understand. This particular lawsuit targets Craigslist even though Craigslist shut down its adult services category in 2010, eight years before FOSTA was enacted,…
I’m continuing coverage of the legal challenge to Texas’ social media censorship law, now on appeal to the Fifth Circuit. I recently rounded up the Texas opening brief and its supporting amici briefs. In this post, I’ll round up the…
After Facebook ill-advisedly helped FOSTA pass, in 2018 it was sued using FOSTA for facilitating sex trafficking in Texas state court. Facebook tried to end the lawsuit using Section 230. This resulted in a Texas Supreme Court opinion reluctantly granting…
This is another one of the many unsuccessful lawsuits over online account terminations. The court previously rejected most of this lawsuit on a mix of Section 230 grounds and the prima facie elements, but permitted the plaintiff to try again…
This is one of the many cases related to Trump’s coup attempt. Byrne, the former CEO of Overstock (a store I will never shop at), made many posts about Dominion’s voting machines and alleged election fraud. Dominion sued Byrne for…
The Ninth Circuit recently considered when consumers assent to terms through interacting with a website: Berman v. Freedom Financial Network, LLC. The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking…
Last year, the Ninth Circuit issued a confusing ruling in Lemmon v. Snap, holding that Section 230 did not apply to the plaintiffs’ allegations that Snapchat’s speed filter caused a terrible car accident, irrespective of whether or not the users…
[Note: I’ve been traveling for the past 10 days and have a long list of important developments to blog when I get back.] Numerous states have enacted laws that prohibit the use of meat/dairy terms, such “meat,” “milk,” “cheese,” and…
This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized display and therefore infringing. The court previously denied Newsweek’s request…
This is a case initially filed by Richard Liebowitz that’s still clogging the courts, which explains why it is so transparently unmeritorious. I previously described the case: The photo at issue depicted a man in a bar named Dan Rochkind….