Litigation

April showers bring May flowers – and pro-clickwrap case law. Two courts upheld mandatory arbitration provisions to force putative class actions out of court. The Massachusetts Appeals Court affirmed a ruling upholding an arbitration provision...

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The New Jersey Supreme Court found that a consumer must suffer actual adverse consequences from an alleged violation of New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”) in order to bring suit...

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New Law Weakens Section 230 Immunity

April 18, 2018 | 0 Comments

Two events may change the rules for interactive website operators: (1) the FBI seizing Backpage.com and (2) the enactment of SESTA/FOSTA, amending CDA Section 230 immunity. The FBI’s seizure of Backpage.com, an online classifieds site...

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The Ninth Circuit has held that a free-to-play virtual casino app offering in-app purchases of virtual chips for continued gameplay may constitute illegal gambling under Washington state law. Churchill Downs, the defendant, operates a free-to-download...

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A United States District Court granted summary judgment to the FBI in a FOIA action brought by the AP, USA Today, and Vice, seeking disclosure of the name of the vendor the FBI used to...

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Last year, the Supreme Court vacated the Ninth Circuit’s 2014 ruling that plaintiff Thomas Robins had Article III standing to bring his Fair Credit Reporting Act (“FCRA”) action against background check company Spokeo, Inc. The...

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