Misuse of Family Photograph by Photo Studio Supports Misappropriation Claim–Lee v. Picture People
…is no breach of implied warranties because the implied warranties, if any, relate to the quality of the products (the photographs) and do not impose a warranty regarding the use…
Facebook Beats Class Certification in Click Fraud Case
…the predominance of common issues. On the contract breach claim, the court summarizes its concerns: plaintiffs have failed to establish that the terms of the contract that were allegedly breached…
Terminating an NFL Player’s Endorsement Agreement for Polemic Tweets May Be Contract Breach–Mendenhall v. Hanes
…was a breach. The Court’s analysis: Hanesbrands says the contract vested it with discretion to terminate the agreement, and this decision shouldn’t be second guessed by the court. The court…
Actress Suing IMDB Can Assert Claim Based on Privacy Policy – Hoang v. Amazon.com, Inc.
…The court declines to dismiss Hoang’s breach of contract claim, finding that statements in IMDB’s privacy policy could support a claim for breach of contract. What tripped up IMDB? Flowery…
Data Security Breach Settlement Class of 130M Individuals Has 11 Claimants (at a Cost of $160k Per)–In re Heartland Payment Systems
…some serious problems with class actions as a way of remediating privacy breaches. I carved out security breach litigation from the paper, but a case like this makes me wonder…
Users Can’t Sue Sony for Changing Online Terms to Require Arbitration – Fineman v. Sony Network Entertainment
…that Sony breached its implied covenant of good faith and fair dealing. The court says this is basically a disguised breach of contract claim and, because plaintiff acknowledged he was…
Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v. Qwest & Vernon v. Qwest
…blogged about for a similar result: “No Breach of Contract Claim from Mid-Stream Change of WSJ Online Pricing – Lebowitz v. Dow Jones.”) Plaintiffs made two other arguments that didn’t…
No Breach of Contract Claim from Mid-Stream Change of WSJ Online Pricing – Lebowitz v. Dow Jones
…the subscription price was a breach of the subscriber agreement. Alternatively, plaintiffs argued that if the agreement was interpreted to allow Dow Jones to unilaterally change the price this would…
Jan.-Feb. 2012 Quick Links, Part 2 (Trademarks, Patents, Trade Secrets, Innovation Edition)
…The court dismissed the trade secret misappropriation claim, but the breach of contract claim remains. * SocialApps, LLC v. Zynga, Inc., 2012 WL 381216 (N.D. Cal. February 6, 2012). Lawsuit…