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Court Tosses Antitrust Claims That Internet Giants Are Biased Against Conservatives–Freedom Watch v. Google

Apologies if I’m not being appropriately empathetic, but I think lawsuits alleging that Internet giants are biased against conservatives are stupid and counterproductive. They are premised on factually unsupportable assertions of bias, and most of these plaintiffs would enthusiastically cheer such bias so long as it worked against minorities or the libs. Further, there is no viable solution to “fix” bias. “Bias” is intrinsic in every media ecology, so it’s impossible to eradicate. The closest “s...
Tags: Google, Facebook, Law, Search Engines, Sony, Taylor, Brittain, US supreme court, Trump, Cox, Google Facebook, Google Inc, Second Circuit, Facebook Facebook, McFadden, Twitter Twitter


Former Regional Manager Pekah Wallace Sues CHRO Challenging Her Firing

The Connecticut Commission on Human Rights and Opportunity (CHRO) was sued yesterday by its longtime (and former) Regional Manager Pekah Wallace.  The federal lawsuit claims her employment termination was improper and provides a whole host of information about what has been going on behind the scenes at the agency. You can download the complaint here.   (As with all new lawsuits, my standard warning applies — these are allegations in a complaint, not a determination from a court.) I’ll leave it ...
Tags: Lawsuit, Law, Sharp, Termination, Litigation, U S District Court, Wallace, Hughes, Plaintiffs, Retaliation, CHRO & EEOC, Discrimination & Harassment, Cchro, Chro, Michael Shea, Featured Content


Service of Process: Service of Process, the Hague Convention and Proof of Access to the Court's ePortal

My question involves court procedures for the state of: Florida This is an interesting series of events: 1. Defendant is a resident of Israel, using the internet to Defame plaintiff and contacting individuals associated with the Plaintiff in Florida for the sake of hurting his reputation. 2. Plaintiff (pro se) filled a defamation suit against Defendant, and sent Claim and summons to Defendant via regular mail. 3. Defendant filled a motion to DISMISS shortly after (giving his home address) (b...
Tags: Florida, Law, Israel, Iran, Civil Procedure, Hague, Plaintiffs


Service of Process: Hague Convention and Usage of a Phony to E Mail to Sign on to the E Portal

My question involves court procedures for the state of: Florida This is an interesting series of events: 1. Defendant is a resident of Israel, using the internet to Defame plaintiff and contacting individuals associated with the Plaintiff in Florida for the sake of hurting his reputation. 2. Plaintiff (pro se) filled a defamation suit against Defendant, and sent Claim and summons to Defendant via regular mail. 3. Defendant filled a motion to DISMISS shortly after (giving his home address) (b...
Tags: Florida, Law, Israel, Iran, Civil Procedure, Hague, Plaintiffs


Invention-Theft Charges against Goodyear Revived by the Federal Circuit

by Dennis Crouch Coda Development v. Goodyear Tire & Rubber (Fed. Cir. 2019) Coda and Goodyear cooperated in a project to commercialize self-inflating tire technology invented by the CEO of Czech-based Coda (Hrabal).  Coda shared its information as well as functional prototypes with Goodyear representatives, including Robert Benedict.  At the meeting Benedict photographed the prototype without permission (after asking to be left alone for a moment).  All of this sharing was done under a non-disc...
Tags: Law, China, Ohio, Patent, Goodyear, Benedict, Federal Circuit, Plaintiffs, Coda, Losey, Dennis Crouch Coda Development, Goodyear Tire Rubber Fed, Coda Hrabal Coda, Robert Benedict, Coda Goodyear, Hrabal


2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)

Intellectual Property * Daniel v. FanDuel (Ind. Oct. 24, 2018): “online fantasy sports operators that condition entry to contests on payment and distribute cash prizes do not violate the Indiana right of publicity statute when those organizations use the names, pictures, and statistics of players without their consent because the use falls within the meaning of “material that has newsworthy value,” an exception under the statute.” * Washington Post: ‘Everyone signed one’: Trump is aggressive in ...
Tags: Amazon, Facebook, Minnesota, Law, Congress, Washington Post, China, Massachusetts, Court, E-commerce, Indiana, Trade Secrets, Maine, New Jersey, District Of Columbia, Ada


2H 2018 Quick Links, Part 2 (Trademarks)

*  Chanel, Inc. v. Wgaca,  2018 U.S. Dist. LEXIS 158077 (SDNY Sept. 14, 2018): Chanel’s amended complaint plausibly alleges that WGACA’s use of the hashtag #WGACACHANEL infringes Chanel’s trademarks. It alleges that WGACA conjoined its acronym with the Chanel trademark to create the impression that WGACA is affiliated with Chanel or is an authorized Chanel retailer…. WGACA’s Chanelbranded items would be readily identifiable as Chanel without the #WGACACHANEL hashtag and the multiple uses of Cha...
Tags: Amazon, Law, Congress, Court, Marketing, Brookfield, Coachella, Chanel, TNT, Domain Names, Smith, Taylor, Trademark, Carter, Twitter Inc, Ninth Circuit


Should revenge porn victims be allowed to proceed anonymously in court?

Plaintiff and her twin sister sued her ex-boyfriend and an unknown John Doe accusing them of copyright infringement and other torts such as invasion of privacy. They claimed the defendants posted intimate and nude photos of plaintiffs online without their consent. And defendants had posted one of the plaintiff’s name and other information on social media in connection with the photos. Arguing that they had a substantial privacy right that outweighed the customary and constitutionally-embedded pr...
Tags: Privacy, Law, Anonymity, Litigation, Revenge Porn, John Doe, Fla, Instagram Facebook, Plaintiffs


Claims Against Agent Rejected

    The court granted the agent's motion for summary judgment, rejecting the insureds' claim that he negligently failed to obtain snow-ice coverage for two new chicken houses.  Slaubaugh Farm, Inc v. Farm Family Cas. Ins. Co. , 2018 Del. Super. LEXIS 1144 (Del. Super. Ct. Oct. 29, 2018).      The plaintiffs purchased a farm in 1998 and secured a property policy through Joseph McGowan, an insurance agent for Farm Family. Farm Family issued a Notice of Cancellation of the policy because plaintiffs...
Tags: Insurance, Collapse, McGowan, Plaintiffs, Tred Eyerly, First Party Insurance, Joseph McGowan, McGowan McGowan, Slaubaugh Farm Inc, Family Farm


Connecticutt Class Action on Collapse Claims Faces Motion to Dismiss

    The federal district court dismissed some insurers from a class action suit alleging failure to provide coverage for collapse claims.  Halloran v. Harleysville Preferred Ins. Co. , 2018 U.S. Dist. LEXIS 179807 (D. Conn. Oct. 19, 2018).     A class of homeowners brought suit in 2016 against their homeowners insurance companies ("defendants") for failure to cover collapse claims. Plaintiffs alleged they bought their homes between 1984 and 2015. Each of the homes had basement walls that were...
Tags: Insurance, ISO, Connecticut, Collapse, Halloran, Plaintiffs, Tred Eyerly, First Party Insurance, Insurance Services Office Inc ISO, Harleysville Preferred Ins


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. David v. Loblaw, 2018 ONSC 6469 [4] I make no comment on the merits of those arguments here. They will doubtless be argued at a certification hearing some months down the road. I merely set out the background in order to illustrate why the request for funding approval has arisen. Given t...
Tags: Law, David, Churchill, Labrador, R, Loblaw, Plaintiffs, Gubbins, Wednesday: What's Hot on CanLII, Churchill River, Ontario Check, Churchill Falls Labrador Corp, Quebec Hydro‑Electric Commission, Churchill Falls Labrador Corporation Limited


Racial Discrimination Lawsuit Against Airbnb Has the Potential to Change Online Marketplaces–Harrington v. Airbnb

Airbnb has admitted that some of its vendors have engaged in racial discrimination. It really had no choice in this admission, after both empirical and anecdotal evidence demonstrated it. Plaintiffs sued Airbnb for violating Oregon’s discrimination law. The magistrate judge dismissed the claim. In a surprising move, the district court judge revives it: Plaintiffs allege that Airbnb acted with discriminatory intent when it devised and chose to maintain its mandatory photograph policy, even after ...
Tags: Law, Oregon, E-commerce, Airbnb, DOE, Harrington, Plaintiffs, Airbnb Inc, Content Regulation, Derivative Liability, Backpage, Airbnb Airbnb


Seventh Different Lawsuit Against Social Media Providers for “Material Support to Terrorists” Fails–Taamneh v. Twitter

By my count, this is the seventh different lawsuit concluding that social media providers are not liable for materially supporting terrorists (Cain, Crosby, Fields, Force/Cohen, Gonzalez, Pennie, Taamneh). [If I’m missing any, please let me know.] This is an impressive display of legal futility; it’s not easy to find this much consensus among judges. At some point, the law becomes clear beyond a doubt. Also, I admire the dogged determination (stubbornness?) of the plaintiffs’ lawyers (almost all...
Tags: Facebook, Twitter, Isis, Law, Congress, Youtube, Force, Crosby, Cohen, Twitter Inc, Reina, Cain, Google Facebook, Gonzalez, Ninth Circuit, Facebook YouTube


Roadside Drug Screening to Be Tested by Courts

On Wednesday, Ontario’s new government announced a change in policy for cannabis use, indicating that they will allow it to be used anywhere where tobacco is smoked when it is legalized on Oct. 17, 2018, and not restricted to residential homes as previously planned. This move would align the province’s policy with the Smoke-Free Ontario Act, with the Alcohol and Gaming Commission of Ontario (AGCO) set up as the proposed regulator to issue private store licences. One of the ancillary effects of t...
Tags: Law, Australia, Georgia, Canada, Vancouver, Bill, Ontario, Toronto Star, RCMP, Dre, Bingley, United States District Court, National Highway Traffic Safety Administration, R, Plaintiffs, Andrew Murie


Roadside Drug Screening Tests to Be Tested by Courts

On Wednesday, Ontario’s new government announced a change in policy for cannabis use, indicating that they will allow it to be used anywhere where tobacco is smoked when it is legalized on Oct. 17, 2018, and not restricted to residential homes as previously planned. This move would align the province’s policy with the Smoke-Free Ontario Act, with the Alcohol and Gaming Commission of Ontario (AGCO) set up as the proposed regulator to issue private store licences. One of the ancillary effects of t...
Tags: Law, Australia, Georgia, Canada, Vancouver, Bill, Ontario, Toronto Star, RCMP, Dre, Bingley, United States District Court, National Highway Traffic Safety Administration, R, Plaintiffs, Andrew Murie


Significant Costs Can Curb Complex Class Actions

Class proceedings were introduced, in part, to promote access to justice, and continue to play an important role in addressing social wrongs. The Supreme Court of Canada described this in Western Canadian Shopping Centres Inc. v. Dutton as follows, 28 …by allowing fixed litigation costs to be divided over a large number of plaintiffs, class actions improve access to justice by making economical the prosecution of claims that would otherwise be too costly to prosecute individually. Without class ...
Tags: Law, Earth, Newfoundland, Court of appeal, Jupiter, Pearson, Ontario, Morgan, Legislature, Hughes, Supreme Court of Canada, Uber Technologies Inc, Heller, Dutton, Plaintiffs, Liquor Control Board of Ontario


Judge Kavanaugh and justiciability

Aaron Nielson is an associate law professor at Brigham Young University and the weekly author of D.C. Circuit Review–Reviewed at the Notice & Comment Blog. The U.S. Court of Appeals for the District of Columbia Circuit is an unusual court. Because it disproportionately hears lawsuits involving the United States, it often wades into the “ famously murky ” waters of the political-question doctrine, as well as the equally murky doctrines of standing, final agency action, and ripeness and mootne...
Tags: Featured, Fcc, Supreme Court, Law, Congress, Navy, Library, United States, Williams, Federal Communications Commission, Food And Drug Administration, Sudan, Medicare, Epa, Catholic, Guatemala


Use and Enforcement: Can the Holder of a Right-of-Way Easement Grade and Gravel the Drive

My question involves real estate located in the State of: Michigan Little Back Story: My parents purchased the involved property in 1974. the property is situated on a lake and prior to our purchase the former property owner had a two track drive on backside of property that a few land users used to get to their cabins. After my parents purchased the property they wanted to fence it all in. The owners of the property in the back filed a suit and an agreement was reached with the other party ...
Tags: Law, Michigan, Real Estate Ownership And Title, Plaintiffs


Broker's Motion for Summary Judgment on Negligence Claim Denied

    After being sued for negligence for failing to secure proper coverage, the broker was unsuccessful in seeking dismissal by way of summary judgment.  Liverman Metal Recycling, Inc. v. Arthur J. Gallagher & Co. , 2018 U.S. Dist. LEXIS 87957 (E.D. N.C. May 25, 2018).      Plaintiffs were two companies, Empire and Liverman, that processed scrap metal. They were in the process of merging under a management plan by which Empire would acquire Liverman. As part of the plan, Empire's employees were m...
Tags: Insurance, Commission, North Carolina, Arthur J Gallagher, Arthur J Gallagher Co, Gallagher, Plaintiffs, Workers Compensation, Tred Eyerly, Broker's Negligence, Liverman, Liverman Metal Recycling Inc, Bridgefield Insurance Company An, Bridgefield, Liverman Plaintiffs


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. CBRE Limited v 1223962 Alberta Ltd, 2017 ABPC 114 [10] The issue at trial related to the timing of the “triggering event” in which the commission would be payable. The plaintiff argued that the triggering event for the commission to be payable was either when the conditions were waived (...
Tags: Law, Hughes, Plaintiffs, Labatt, Liquor Control Board of Ontario, Wednesday: What's Hot on CanLII, Compagnie, CBRE Limited, 1223962 Alberta Ltd, National Process Equipment Inc, Zahmol Properties Ltd, Molson Labatt, Sleeman, Brewers Retail Molson Sleeman, Missisquoi


Insurer's Motion to Dismiss Complaint for Collapse Coverage Fails

    The insurer's motion for summary judgment seeking dismissal of the insured's claim for collapse coverage was rejected by the Supreme Court of New York.  Parauda v. Encompass Ins. Co. of Am. , 2018 N.Y. Misc. LEXIS 269 (N.Y. Sup. Ct. Jan. 25, 2018).      The insureds submitted a claim to Encompass for damage to the brick siding, or façade, of their home, which was bulging near the front door. Encompass hired H2M Architects and Engineers to inspect the home and issue a report. H2M determined t...
Tags: Insurance, Collapse, Fernandez, Plaintiffs, Tred Eyerly, First Party Insurance, Diego Fernandez, Supreme Court of New York Parauda, Encompass Ins Co, Eagle Adjusting Services Eagle, Eagle Encompass


No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse

    In another of a series of collapse cases arising out of Connecticut, the federal district court found there was no coverage for the homeowner's cracked basement wall caused by defective concrete.  Liston-Smith v. CSAA Fire & Cas. Ins. Co. , 2017 U.S. Dist. LEXIS 206211 (D. Conn. Dec. 15, 2017).     The plaintiffs had lived in their home since 1996. In 2014, they noticed cracks in the basement wall. In 2015, an engineer was hired to inspect the foundation of their home. The engineer found tha...
Tags: Insurance, Connecticut, Collapse, Plaintiffs, Tred Eyerly, First Party Insurance, CSAA, Liston Smith, Casualty Insurance Company


Senate hearing on litigation reform

Arbitration was on several senators’ minds, although it isn’t among the topics of the four bills considered. [John O’Brien, Legal NewsLine] This from Sen. Al Franken (D-Minn.) was passing strange, though: “Now I know that there are bad actors out there – those who file frivolous lawsuits against hard-working and honest businesspeople – but these bills aren’t the solution,” Franken said. “They don’t help weed out frivolous claims early on. They seek to deter meritorious claims by making class ...
Tags: Law, Senate, Uncategorized, Sanctions, Tort Reform, Al Franken, Lara, Plaintiffs, Franken, Sen Al Franken D Minn, John O Brien Legal NewsLine


Addicts Forced to “Recover” in Plastics Factory, Chicken Processing Plant

Addicts Forced to "Recover" in Plastics Factory, Chicken Processing Plant The post Addicts Forced to “Recover” in Plastics Factory, Chicken Processing Plant appeared first on Legal Reader.
Tags: Lawsuit, Class, Free, Law, Labor, Court, Addict, Action, Chicken, Compensation, Arkansas, Dead, Injury, Addiction, Recovery, Wages


McDonald’s Franchise Owners Settle Employee Compensation Lawsuit

McDonald's Franchise Owners Settle Employee Compensation Lawsuit The post McDonald’s Franchise Owners Settle Employee Compensation Lawsuit appeared first on Legal Reader.
Tags: Food, Business, Lawsuit, Class, Legal, Law, Court, Case, Compensation, Pennsylvania, Bank, Sue, Mcdonald's, Judge, Card, Suit


Another Court Rejects ‘Material Support To Terrorists’ Claims Against Social Media Sites–Gonzalez v. Google

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] Numerous lawsuits have been filed claiming social media services “materially support” terrorists because terrorist groups disseminate their content via the services. 1-800-LAW-FIRM (I kid you not) is behind most of these lawsuits. I’ve been baffled by the proliferation of these lawsuits because they seem doomed, yet more cases have been filed even after two courts (in Fields v. Twitter and Cohen v...
Tags: Google, Facebook, Twitter, Isis, Law, Congress, Youtube, Paris, DOE, Jones, Cohen, Lynch, Wagner, Google Inc, Gonzalez, Ninth Circuit


Argument preview: Corporate liability and the Alien Tort Statute

[Editor’s note: An earlier version of this post ran on July 24, as an introduction to the blog’s symposium on Jesner v. Arab Bank, PLC, as well as at Howe on the Court, where it was originally published.] Founded in Jerusalem nearly a century ago, Jordan’s Arab Bank now has over 600 branches on five continents. The bank describes itself as “an active and leading partner in the socio-economic development” of the Middle East – a description borne out by its work with the U.S. Agency for Internati...
Tags: New York, Featured, Supreme Court, Law, Congress, Israel, Court, Jerusalem, United States, Gaza, Middle East, West Bank, Hamas, Jordan, Lindsey Graham, Joel


No Coverage for Co-Restaurant Owners Who Are Not Named In Policy

    The Federal District Court denied two plaintiffs' claims for breach of the policy and for bad faith because they were not insureds under the policy.  Tu v. Dongbu Ins. Co. , 2017 U.S. Dist. LEXIS 115200 (N.D. Calif. July 24, 2017).     Dongbu, a Hawaii insurance company, issued a two-year policy to Plaintiff Ken Tu for his business. He was the only named insured under the policy.      The waste system at Plaintiffs' restaurant failed, causing fumes to impact neighboring tenants and waste to ...
Tags: Insurance, Hawaii, Calif, Plaintiffs, Tu, Federal District Court, Sonnie, Tred Eyerly, First Party Insurance, Bad Faith, Dongbu Ins, Dongbu, Ken Tu, Eric Tu


Browsewrap/Clickwrap Distinction Vexes Another Court–Nevarez v. Ticketmaster

We just blogged about online contract formation yesterday, but it’s worth revisiting the topic so quickly because this case demonstrates another crash-and-burn failure of the browsewrap-clickwrap dichotomy. How many times must the “wrap” categorization fail before judges recognize that it’s a complete waste of time? The plaintiff alleges that Ticketmaster violates the ADA for admission ticket and parking sales for Levi’s Stadium. Ticketmaster seeks to send the case to arbitration. To buy tickets...
Tags: Law, Court, E-commerce, Ada, Ticketmaster, Koh, Plaintiffs, Licensing/Contracts, Nevarez, Levi s Stadium Ticketmaster, Nguyen Ninth Circuit, Forty Niners Football Company LLC


1H 2017 Quick Links, Part 6 (Defamation, Section 230, Consumer Reviews)

Defamation * Gillon v. Bernstein, Civ. No. 2:12-4891 (WJM) (D.N.J. Nov. 3, 2016). No liability for negative Ripoff Report. * Jackson v. Mayweather, 2017 WL 1131869 (Cal. Ct. App. March 27, 2017). CA’s anti-SLAPP law protects the following Facebook/Instagram post: “the real reason me and Shantel Christine Jackson @MissJackson broke up was because she got an abortion, and I’m totally against killing babies. She killed our twin babies. #ShantelJackson #Floyd Mayweather #TheMoneyTeam #TMT” * Gottwal...
Tags: Facebook, Mark Zuckerberg, Law, Nsa, Court, US, United States, Chicagoland, Gawker, Yelp, Zuckerberg, James Comey, Cook County, Facebook Instagram, John Doe, Jane



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