Google Loses Two Section 230(c)(2) Rulings–Spy Phone v. Google and Darnaa v. Google
…summary judgment. A few other claims survive, including breach of good faith and fair dealing, tortious interference with prospective economic advantage and the UCL claim. Finally, the court considers the…
Court Upholds Airbnb’s Terms of Service–Selden v. Airbnb
…the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, ‘Disputes’) will be settled by binding arbitration.”…
Redfin Defeats Copyright Claims Due to MLS License Agreement
…sue on the basis of Redfin’s breach of the terms of the PCAA. The court says participants (such as Stross) can report violations of the ACTRIS rules to the relevant…
An Assessment of the Anthem Data Breach Litigation Rulings (Guest Blog Post)
…California breach of contract, New Jersey breach of contract, New York unjust enrichment and Georgia Information and Privacy Protection Act claims. Dismissed with prejudice in Anthem I were the Indiana…
A Tale of Two Spokeos
…data breach cases) grapple with standing because the plaintiffs object to the defendants’ technical statutory violation but cannot show any consequence of that breach to them. Given the absence of…
Priceline Avoids Liability For Resort Fees Due To Its Onsite Disclosures–Singer v. Priceline
…discretionary application or effectuation (in one party’s control). In order to constitute a breach the breaching party must deprive the other party of benefits to which he or she is…
Ted Cruz’s Presidential Campaign Apparently Committed Copyright Infringement. Oops.
…quietly. For some reason, that didn’t happen here. Instead, Audiosocket sued the ad agency for contract breach and the musicians sued the ad agency and campaign for copyright infringement. The…
Q2 2016 Quick Links, Part 4 (Marketing, Privacy, Contracts)
…of the data breach for identity theft, even if involving other victims; or (2) a clear indication that the data breach was for the purpose of using the plaintiffs’ personal…
“Manufactured” TCPA Suit Fails For Lack of Standing
…allege this either. Citing to the data breach cases and Clapper, the court says that she cannot claim standing based on her loss of phone minutes or the money she…
State Sup. Ct. Affirms Harassment and Breach of Peace Conviction for Posting Pages from Diary to Facebook
…of two offenses: (1) breach of the peace and (2) harassment. The breach of the peace conviction required: publicly [posting] offensive, indecent or abusive matter concerning any person . ….