The YOLO Remand Shows Why the 9th Circuit Should Stop Carving Up Section 230–Bride V. Snap
The Ninth Circuit’s earlier decision in Bride v. YOLO stripped Section 230 immunity for alleged promise‑based claims, allowing plaintiffs to pursue a case against the defunct YOLO platform. The district court has now dismissed the suit twice, rejecting class certification and summary judgment because the alleged statements are deemed puffery, lack enforceable promises, and fail to meet commonality requirements. The court’s rulings highlight the practical fallout of the Ninth Circuit’s “Section 230 switcheroo” and set the stage for a potential appeal that could force the appellate court to reconsider its narrow reading of the law.
Raj Abhyanker’s Firm Ordered to Pay $90k+ for Ill-Advised Trademark Enforcement Lawsuit–LegalForce V. LawFirms
Judge Corley ordered LegalForce, the operator of Trademarkia, to pay over $90,000 in fees after finding its trademark claim against LawFirms’ logo meritless and pursued in bad faith. The court also criticized the defense for frivolously delaying discovery and for...
WorldStarHipHop Gets Section 230 Dismissal–Eizenga V. MediaLab
A federal court dismissed the defamation suit against WorldStarHipHop, holding that the platform’s repost of a viral video – with only minor caption tweaks and tags – does not breach Section 230 immunity. The plaintiff alleged the video falsely portrayed...
Court Rejects Lawsuit Over Online Criticisms of a Dater–D’Ambrosio V. Meta
The Seventh Circuit upheld a district court’s dismissal of Nikko D’Ambrosio’s lawsuit against a Facebook group member, the group’s operators, and Meta. The court found his Right of Publicity claim unsupported because no commercial use of his likeness occurred, and...
Meta Defeats Two More Account Termination/Content Removal Lawsuits
Two recent Northern District of California rulings—Tate v. Meta and Ligon v. Meta—affirmed that Meta’s Instagram and Facebook account terminations are insulated by Section 230 of the Communications Decency Act. The courts held that the platforms’ decisions to remove or...
11th Circuit Rejects TOS Formation–Tejon V. Zeus
The 11th Circuit ruled that Zeus Networks’ terms‑of‑service were presented as a browsewrap agreement and therefore unenforceable. The court held that the hyperlink to the TOS was hidden in small, gray text beneath prominent red action buttons, failing the conspicuousness...
Plaintiffs Are Still Litigating–And Losing–Website Framing Cases (S&S V. Promo Hunt)
The 2026 N.D. Illinois court dismissed S&S Activewear’s trespass‑to‑chattels claim against Promo Hunt’s browser extension that overlays price‑comparison popups on the retailer’s site. Relying on the Best Carpet Values v. Google precedent, the judge held that the retailer lacks a...
Tenth Circuit Broadens CFAA ‘Loss’ Beyond Technological Harm–Moxie V. Nielsen (Guest Blog Post)
The Tenth Circuit in Moxie Pest Control v. Nielsen held that investigative costs alone satisfy the CFAA “loss” element, even without demonstrable technological harm. The opinion reverses district courts that required loss to be tied to data corruption or system...
Court Enjoins Another Arkansas Segregate-and-Suppress Law–NetChoice V. Griffin
A federal district court in Arkansas issued a preliminary injunction against Act 900, the state’s latest attempt to regulate minors’ online activity. The judge struck down the law’s vague addiction ban, strict‑liability standard, nighttime notification restrictions, default privacy settings, and...
Section 230 Helps Discord Defeat “Defective Design” Claims Regarding Sexual Predation–Jane Doe V. Discord
The Northern District of Ohio dismissed a Jane Doe lawsuit alleging Discord facilitated sexual predation, holding that Section 230 bars negligence, strict liability, concealment and misrepresentation claims tied to the platform’s design choices. The court classified Discord’s moderation tools, verification options...
The Federal Government Used Jawboning to Censor ICE Transparency Initiatives–Rosado V. Bondi
The Northern District of Illinois ruled in Rosado v. Bondi that former Attorney General Bondi and former Secretary of State Noem used government "jawboning" to compel Facebook and Apple to remove ICE‑tracking tools. The court found the officials demanded, rather...
U.S. Supreme Court Narrows Secondary Liability in Copyright Law–Cox V. Sony (Guest Blog Post)
On March 25, 2026 the U.S. Supreme Court unanimously ruled that Cox Communications cannot be held liable for copyright infringements committed by its subscribers, overturning a $1 billion jury verdict for Sony Music and other owners. The majority opinion, authored by...
Remember When the Ninth Circuit Rejected Classpass’ TOS Formation? About That…–Blackburn V. Classpass
The Northern District of California ruled that Classpass successfully formed its Terms of Use through a series of sign‑in‑wrap screens, despite the Ninth Circuit’s earlier rejection in Chabolla. The court applied the three‑part sign‑in‑wrap test—conspicuous notice, transaction context, and manifestation...
The Cox Shock: A Tectonic Shift or Just a Tremor? (Guest Blog Post)
The Supreme Court’s Cox v. Sony decision overturns the long‑standing “specific knowledge plus material contribution” test for contributory copyright liability, effectively raising the bar for holding online platforms accountable. Justice Thomas’s opinion suggests that only inducement or a “tailored to...
Will Lower Courts Find Ways Around Cox V. Sony? You Betcha
The article compares two recent copyright lawsuits filed by photographer Michael Grecco against TikTok and Twitter, showing how lower courts are experimenting with ways to sidestep the Supreme Court’s Cox v. Sony decision. In the TikTok case, the plaintiff’s pleadings...