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United States: In A Rare Rule 11 Sanctions Decision In A Securities Case, The Court Declined To Impose Sanctions Against The Plaintiffs - Mintz

On June 30, Judge Cote of the Southern District of New York exercised her "discretion" to deny sanctions, after she concluded that the Plaintiffs made three misstatements in their Complaints...
Tags: News, United States, Plaintiffs, Plaintiffs Mintz, Judge Cote of the Southern District of New York


Five Palo Alto Cops Sue The City And Their PD, Claiming A Black Lives Matter Mural Harassed Them (techdirt)

A group of California police officers has decided other people's expressive rights end where their personal offense begins. Five Palo Alto police officers are suing the city, along with their own police department, for somehow discriminating against them by allowing artists to create a street-long Black Lives Matter mural these officers passed on their way to work. (Well, at least up until the mural was removed by the city in November 2020, less than six months after it was first painted.) The...
Tags: News, California, Fbi, Palo Alto, United States, Cuba, City Hall, Bryant, Southern Poverty Law Center, Welp, Tim Cushing, Plaintiffs, Ramona, New Jersey State, Joanne Chesimard, Shakur


Mortgagors Seek Coverage Under Mortgagee's Policy

    The mortgagor homeowners survived a motion to dismiss their claim for coverageunder the lender's property policy after their home suffered hurricane damage. Gary v. Am. Sec. Ins. Co. , 2021 U.S. Dist. LEXIS 100010 (W.D. La. May 26, 2021).      Plaintiffs' home was mortgaged by Pennymac Loan Services, LLC. Pennymac held a property policy with American Security to insure its interest in the home. Plaintiffs were not named as insureds or additional insureds under the policy. Plaintiffs were id...
Tags: Insurance, Gary, Plaintiffs, Tred Eyerly, First Party Insurance, Pennymac Loan Services LLC Pennymac, American Security, Declarations Plaintiffs, Pennymac


It Can Always Get Dumber: Trump Sues Facebook, Twitter & YouTube, Claiming His Own Government Violated The Constitution (techdirt)

Yes, it can always get dumber. The news broke last night that Donald Trump was planning to sue the CEOs of Facebook and Twitter for his "deplatforming." This morning we found out that they were going to be class action lawsuits on behalf of Trump and other users who were removed, and now that they're announced we find out that he's actually suing Facebook & Mark Zuckerberg, Twitter & Jack Dorsey, and YouTube & Sundar Pichai. I expected the lawsuits to be performative nonsense, but these are... w...
Tags: Google, Facebook, Florida, News, Supreme Court, Congress, Cdc, United States, Aol, Connecticut, Norwood, Biden, Jack Dorsey, Donald Trump, Sundar Pichai, Trump


1H 2021 Quick Links, Part 1 (IP)

Trademarks and Domain Names * Kid Car NY, LLC v. Kidmoto Techs. LLC, 2021 WL 466975 (S.D.N.Y. Feb. 9, 2021):  “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” * RVC Floor Decor, Ltd. v. Floor and Decor Outlet...
Tags: Google, Twitter, New York, Law, Court, Search Engines, Copyright, Patents, Ibm, Domain Names, Trademark, Bell, John Deere, Dent, Stebbins, Plaintiffs


Judge Benitez: Miller v. Becerra, AR15 Rifles ARE Protected by Second Amendment!

Judge Benitez: Miller v. Becerra, AR15 Rifles ARE Protected by Second Amendment! U.S.A. –-(AmmoLand.com)- On June 4th, 2021, in the Southern District of California, Judge Roger T. Benitez found the complex regulatory scheme of California gun laws that outlaw the ownership of “Assault weapons”, particularly semi-automatic clones of the AR-15, are unconstitutional violations of the Second Amendment on their face. From the decision: Like the Swiss Army Knife, the popular AR-15 rifle is a perfect...
Tags: Guns, Supreme Court, California, Kentucky, Massachusetts, Court, America, Department Of Defense, United States, Arizona, District Of Columbia, Miller, Second Amendment, State, Benitez, Allen


Firearms Policy Coalition Challenges Nevada Ban on Self-Built Firearms

Yesterday, Firearms Policy Coalition (FPC) filed a motion for preliminary injunction in its federal Second Amendment lawsuit challenging Nevada’s unconstitutional statutes enacted in Assembly Bill 286. IMG istock 884215372 U.S.A. -(AmmoLand.com)- Yesterday, Firearms Policy Coalition (FPC) filed a motion for preliminary injunction in its federal Second Amendment lawsuit challenging Nevada’s unconstitutional statutes enacted in Assembly Bill 286, which established a new, confiscatory ban on all ...
Tags: Minnesota, Maryland, Guns, Supreme Court, California, New York City, Court, Georgia, Pennsylvania, United States, Tennessee, New Jersey, Palmer, Davis, Nevada, Meyer


Devin Nunes' Family's Bizarrely Stupid Defamation Lawsuit Goes Off The Rails (techdirt)

As you may recall, Rep. Devin Nunes has been involved in a bunch of totally frivolous SLAPP suits that seem designed to try to intimidate journalists from writing stories criticizing Devin Nunes. A key one that seems to have gotten deeply under Nunes' skin is an Esquire piece from a few years ago entitled Devin Nunes’s Family Farm Is Hiding a Politically Explosive Secret written by reporter Ryan Lizza. In the fall of 2019 he sued over that article, and a few months later his family sued over it ...
Tags: News, California, Court, Iowa, Wall Street Journal, Hearst, Mike Masnick, Napa Valley, Justin, Allen, Tulare, Jennifer, Roberts, Devin, Dep, Esquire


What Are ‘Red Flags of Infringement’? ¯\_(ツ)_/¯ — Capitol v. Vimeo

Do you remember this case? It was filed in 2009, back when MySpace was still bigger than Facebook. The copyright owners never sent Vimeo any takedown notices over the videos in question, but they still sued Vimeo for hosting them. The case reached its first two major decisions in 2013, when the court held that Vimeo qualified for the DMCA online safe harbor. Those rulings went up to the Second Circuit, which in 2016 issued an important ruling on the scope of the “red flags” exclusion to the saf...
Tags: Facebook, Law, Christina Aguilera, Congress, Youtube, Ukraine, Copyright, Vimeo, Dmca, Coldplay, Britney Spears, Viacom, Ugc, Kiev, Umg, Capitol


Industry Groups Sue To Stop Florida's New Social Media Law

Two tech industry organizations are suing Florida over its newly passed rules for social networks, claiming it violates private companies' constitutional rights. The Verge reports: SB 7072, which Florida Governor Ron DeSantis signed earlier this week, restricts how large social apps and websites can moderate user-generated content. It makes banning any Florida political candidate or "journalistic enterprise" unlawful, lets users sue if they believe they were banned without sufficient reason, req...
Tags: Florida, Tech, Plaintiffs, Ron DeSantis, CCIA, DeSantis, Disney Comcast


India: Copyright Infringement Vs Public Access To Knowledge – The SciHub Case - InvnTree Intellectual Property Services Pvt. Ltd.

The Plaintiffs briefly are three large publication houses, specifically in the realm of scientific or technical journals.
Tags: News, India, Plaintiffs, InvnTree Intellectual Property Services Pvt Ltd


Supply Chains and Patent Infringement

Allegations of patent infringement are comparatively straight forward when there is one party making and selling the patented product, or performing the patented method in Canada. It gets more complicated when multiple parties are involved in the alleged infringement. Inducing infringement is well known in Canadian patent law and a defendant can be found liable for inducing someone else to infringe a patent. The three part test for inducing infringement has been summarized, such as in Corlac Inc...
Tags: England, Law, Abc, Court, Canada, Intellectual Property, Packers, Georgetown, Plaintiffs, Nomadix Inc, Genentech Inc, Power Authority, Federal Court of Appeal, TETRA, XYZ Corp, Celltrion


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. Prowse et al. v. Noroozi, 2021 ONSC 3099 (CanLII) [52] There is no genuine issue that the Plaintiffs are entitled to claim the foregone interest on the VTB. While not an out of pocket expense per se, it would be a recoverable loss to the Plaintiffs in the form of expectation damages. How...
Tags: Hope, Law, Siemens, Smith, Jones, APS, Clark, Regan, VTB, Galbraith, Plaintiffs, Wednesday: What's Hot on CanLII, Gourlay, Noroozi, Ontario Attorney General, Stooshinoff Nicholas


Section 230 did not protect Snapchat from negligence liability in car crash lawsuit over Speed Filter

The tragic facts Landen Brown was using Snapchat’s Speed Filter in 2017 when the car in which he was riding with two other young men crashed after reaching speeds above 120 miles per hour. The Speed Filter documented how fast the car was traveling. The crash killed Landon and the other two occupants. The parents of two of the passengers sued Snap, Inc. (the purveyor of Snapchat), claiming that the app was negligently designed. The parents alleged, among other things, that Snap shoul...
Tags: Law, Snapchat, Negligence, Landon, Plaintiffs, Section 230, Snap Inc, Ninth Circuit On, Landen Brown, Snapchat Lemmon


Fifth Circuit Strips Immunity From Cops Who Ended A Mental Health Crisis By Restraining A Man To Death (techdirt)

The Fifth Circuit is the worst place to bring a civil rights lawsuit against law enforcement officers. But that may slowly be changing, thanks in part to the Supreme Court, which has played its own part in making qualified immunity an almost insurmountable obstacle in civil cases. Over the past few months, the Supreme Court has reversed and remanded two cases handled by the Fifth Circuit Court of Appeals, ruling that the lower court's extension of qualified immunity was the incorrect conclusion....
Tags: News, Supreme Court, Morgan, Juarez, San Antonio TX, Fifth Circuit, GONZALES, Tim Cushing, Plaintiffs, Fifth Circuit Court of Appeals, Mendez, Aguirre, Arredondo, Benito Juarez, Fifth Circuit Strips Immunity From Cops, Jesse Aguirre


A Roundup of CCPA Court Decisions (I Only Know of 7)

This post recaps the court decisions analyzing the California Consumer Privacy Act (CCPA) so far. I only know of seven opinions as of May 1, 2021, a number that struck me as surprisingly small. (If you think I’m missing any, please email me). Overview CCPA lawsuits generally fit into one of the following four categories: Data breach Private Right of Action (PRA). Since Jan. 1, 2020, the CCPA authorizes a private right of action with respect to certain data breaches. I expected this would be a ...
Tags: Facebook, Law, California, Virginia, Walmart, Stasi, Pra, Doj, Privacy/security, Guzman, Rahman, McCoy, HIPAA, Facebook Inc, AG, Alphabet Inc


Canada: Sauve V Steele, 2021 Onsc 1557 – Jury Struck In Milton Action - McLeish Orlando LLP

The Plaintiffs brought their claim in January 2016 and discoveries were completed by March 2017.
Tags: News, Canada, Plaintiffs, Sauve V Steele, Milton Action McLeish Orlando LLP


Judge Says DEA, TSA Can Continue To Be Sued For Stealing Cash From Airline Passengers (techdirt)

The DEA's love for taking cash from travelers has gotten it sued. Again. In August 2019, DEA agents -- working with TSA agents -- took more than $80,000 from Rebecca Brown, who was carrying her father's (Terry Rolin) savings through an airport on her way home to put it in a bank account he could use to pay for dental work and truck repairs. Working under the assumption that the mere existence of cash is illegal, the DEA and TSA lifted the cash from Rebecca Brown, claiming it was "suspicious." ...
Tags: News, Rebecca, Tsa, DEA, U S District Court, Institute for Justice, Iqbal, Tim Cushing, Plaintiffs, Ashcroft, Twombly, Institute of Justice, Rebecca Brown, Marilyn Horan, Bell Atlantic Corp, Terry Rolin


FPC’s Maryland Handgun Carry Ban Challenge Moves to Court of Appeals

More Assaults on Maryland Gun Owners, iStock-884191290 U.S.A. -(AmmoLand.com)- Firearm Policy Coalition (FPC) announced today that FPC’s Call v. Jones lawsuit challenging the State of Maryland’s laws that prevent law-abiding people from exercising their right to carry firearms in public is quickly moving up to the Court of Appeals for the Fourth Circuit. In the complaint, the Plaintiffs acknowledged “that the result they seek is contrary to Woollard v. Gallagher,” a 2013 case in which the Four...
Tags: Maryland, Guns, Supreme Court, New York City, Pennsylvania, United States, Jones, Call, Bennett, Fourth Circuit, Court of Appeals, District Court, Gallagher, Reese, Lara, Greco


LA homeless needs services, not sweeps, says coalition

LOS ANGELES — The Services Not Sweeps coalition launched its Street Ambassador Program Monday in Hollywood to provide spot cleanups and trash collection to unhoused Angelenos in an effort to provide an alternative to the city’s mandatory sweeps. The teams will work with unhoused residents to improve cleanliness and health conditions in and around encampments and provide information about their rights, according to Services Not Sweeps. The goal of the program, which launched in Hollywood Monday a...
Tags: Politics, Hollywood, News, La, Los Angeles, Sport, Soccer, Homeless, Venice, City Council, Local News, Los Angeles City Council, San Pedro, Wilmington, Bonin, Plaintiffs


Temporary pallet shelters coming to Wilmington, adding options to the fight against homelessness

Work is expected to finish in the next month or so on 75 individual pallet shelter structures in Wilmington — and open for residents shortly after — as efforts continue to expand in the fight against homelessness. The 64-square-foot, insulated shelters are seen as an option that could help clear sidewalk encampments and move people into more permanent housing faster. The Wilmington structures are the most-recent in several pallet shelters that have gone up throughout Southern California in recen...
Tags: News, Housing, La, Los Angeles, Sport, Soccer, Homeless, Seattle, Local News, Salvation Army, Southern California, San Pedro, Homeless Shelters, Infinity, Watts, Los Angeles County


Deshaun Watson Facing Three Lawsuits Accusing Him of Sexual Assault During Massages

Deshaun Watson is reportedly facing not just one, not just two, but THREE separate civil lawsuits from women accusing him of sexually assaulting them during massages. Via Sports Illustrated: After announcing the first lawsuit on Tuesday, Houston attorney Tony Buzbee posted on social media about a second suit on Wednesday and later that evening, Buzbee announced in a post that a third lawsuit—this one “the most egregious” to date—had been filed as well. The first two lawsuits allege inappropriate...
Tags: Celebs, Sexual Assault, Football, Sports, NFL, Atlanta, Lawsuits, Pop Culture, Jazz, Watson, Espn, Houston, Houston Texans, Harris County, Deshaun Watson, Jane Doe


No Coverage for Home Damaged by Falling Boulders

    The policy's earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am. , 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021).      Plaintiffs' home sustained extensive damage when two or three large builders rolled down a steep hillside and struck the home. The insurer, Nationwide, hired an engineering firm that determined the boulders were not influenced by meteorological conditions s...
Tags: Colorado, Insurance, Nationwide, Sullivan, Colorado Supreme Court, Plaintiffs, Tred Eyerly, First Party Insurance, Earth Movement, Nationwide Affinity Ins Co


Section 230 (Mostly) Protects Zoom from Liability for Zoombombing

This is a privacy class action against Zoom. The opinion has several points of interest for privacy practitioners. I’m going to focus only on the court’s discussion of Zoom’s liability for Zoombombing, the COVID-era problem where malefactors crash a Zoom room uninvited and engage in disruptive and anti-social behavior. Zoom defended on Section 230(c)(1) grounds. Everyone agrees that the Zoombombers are third parties, so that element of the Section 230 defense is met. The plaintiffs contested th...
Tags: Facebook, Twitter, Law, Congress, Court, Green, United States, Aol, Kaspersky, Fan, DOE, Homeaway, Privacy/security, Santa Monica, Murphy, 9th Circuit


Homeless and humbled by grief, he found a home to last via pilot housing program

Chris Gray and his wife, Deborah, and the dog they’d adopted from a homeless friend, had criss-crossed Los Angeles County many times before they pulled up to the apartment building, praying that a program called LeaseUp had secured them a home to last. Gray lost his job at a carbon factory in 2015, and his apartment in Long Beach a year later. Since then, they’ve slept in their car, tried unsuccessfully to make a life in Lancaster and stayed in motels here and there, though that drained their me...
Tags: Health, Real Estate, Hope, News, California, Housing, La, Government, Los Angeles, Sport, Soccer, Long Beach, Community, Homeless, Gray, San Pedro


San Pedro neighborhood councils back proposal to allow ‘safe’ homeless campsite on 2 Port of LA parking lots

Two neighborhood councils in San Pedro suggest that two port-owned parking lots, E and F, at 22nd Street. be used to set up an emergency, temporary sanctioned camp site for the homeless in San Pedro on Tuesday, March 9, 2021. Some port officials and residents have objections to this idea. (Photo by Brittany Murray, Press-Telegram/SCNG) Two port-owned parking lots, E and F, at 22nd Street, are being eyed by some for a sanctioned homeless camping site in San Pedro. Tuesday, March 9, 2021. (Ph...
Tags: News, Housing, La, Los Angeles, Sport, Homelessness, Soccer, Port Of Los Angeles, Homeless, San Pedro, Infinity, Wilmington, Garcetti, Plaintiffs, GATX, Gene Seroka


Class Action Lawsuit Over Apple Providing Refurbished Replacement Devices Proceeding to Trial in August

Initially filed in 2016, a class action lawsuit that accuses Apple of violating the Magnusson-Moss Warranty Act, Song-Beverly Consumer Warranty Act, and other U.S. laws by providing customers with refurbished replacement devices is set to proceed to trial August 16, according to a notice this week from law firm Hagens Berman Sobol Shapiro LLP. Apple's repair terms and conditions state that, when servicing a customer's product, the company "may use parts or products that are new or refurbished...
Tags: Apple, Lawsuit, Apple Inc, Northern California, U S District Court, Maldonado, Plaintiffs, AppleCare, Hagens Berman Sobol Shapiro LLP Apple


Expansion of LA tracking system to taxis, ride-hailing services stirs privacy concerns

Los Angeles is quietly expanding a controversial real-time tracking system from dockless scooters to taxis and ride-hailing vehicles with the goal of creating a future-proof tool to digitally manage the city’s rights of way, but critics fear the technology puts passengers’ privacy at risk. The Los Angeles Department of Transportation will soon require the tracking program to be integrated into sweeping new regulations for L.A.’s taxi industry. At the same time, a city-supported effort is underwa...
Tags: Transportation, Lyft, Technology, News, California, La, Senate, New York City, Court, Los Angeles, Sport, Cities, Soccer, Aclu, Social Security, Local News


Data Breach Plaintiff Doesn’t Have Standing in the Absence of Fraud or Identity Theft–Tsao v. Captiva

This is a data breach lawsuit. Plaintiff was a patron of a restaurant (PDQ) that suffered a breach that compromised credit card payment information. The breach occurred because a hacker gained access to customer data through “an outside vendor’s remote connection tool.” Plaintiff made purchases at PDQ using two different cards (a Wells Fargo Home Rebate card and a Chase Sapphire Reserve card). Both cards offered types of rewards and one of the two also charged a fee. Upon learning of the breach...
Tags: Apple, Supreme Court, Law, Linkedin, Best, Amnesty International, Starbucks, Low, Anderson, Privacy/security, Reilly, GAO, Ninth Circuit, Katz, PDQ, Clapper


Section 230 Protects App Store from Liability for Apps With Loot Boxes–Coffee v. Google

Many video games have loot boxes, where players can exchange valuable consideration (like in-game currency purchased for cash) for a chance to win something really valuable to gameplay. Because loot boxes may involve chance, consideration, and prizes, loot boxes may look like gambling. The plaintiffs in this case claim that loot boxes in video games are illegal gambling devices. The plaintiffs sued Google for offering videogames (specifically, Final Fantasy and Dragon Ball Z) with loot boxes in...
Tags: Apple, Google, Google Play, Coffee, Law, California, Court, Marketing, E-commerce, Plaintiffs, Licensing/Contracts, Content Regulation, Derivative Liability, CLRA, ESRB, Loot Boxes Coffee