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26 Oct 2022, 7:59 am by Eric Goldman
While this opinion is really a battle over the applicable scienter, the opinion frames the question as whose conduct matters: Reddit argues that a website may only be liable for its own criminal conduct. [read post]
20 May 2011, 2:38 pm by Kim Krawiec
Barak’s recent paper on the “rabbinic cartels” reminded me that I wanted to provide some updates on Kamakahi v. [read post]
24 Apr 2022, 9:16 am by Eric Goldman
The ruling also reinforces the possibility Facebook may have overestimated its cleverness by flipping on FOSTA and encouraging plaintiffs to sue it. [read post]
7 Jun 2009, 1:53 am
We thus "may presume that the matter was properly before that court" (People v Chad S., 237 AD2d 986, lv denied 90 NY2d 856; see People v Hurd, 12 AD3d 1198, 1199, lv denied 4 NY3d 764).But in both People v Chad S. (237 AD2d 986) and People v Hurd (12 A.D.3d 1198) the Court had found that "the record fails to establish that defendant did not waive a preliminary hearing, that a hearing was not held, or… [read post]
7 Apr 2016, 2:31 pm
 Yeah, he was right of center, and yeah, people (including the defendants) did not like that. [read post]
10 Nov 2024, 8:58 am by Eric Goldman
Publisher/speaker claims: “Plaintiff alleges that Defendant allowed people to post defamatory information about him on their website, and did not remove the information. [read post]
15 May 2022, 12:25 am by Frank Cranmer
When people – especially political people – start pleading “common sense”, to our suspicious minds it always sounds as if they simply can’t be bothered to conduct a rigorous analysis of their own proposals. [read post]
30 May 2013, 9:05 pm by Luke Rioux
In summary, they raised the following points:Diminished capacity was first recognized as a defense in 1973 by People v. [read post]