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Troutman Pepper Locke

Ninth Circuit Mandates Arbitration in Millionaire Match Case: Emphasizes Totality of Circumstances in Online Contract Formation

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In a recent decision by the U.S. Court of Appeals for the Ninth Circuit, the court reversed a district court’s ruling and compelled arbitration in the case of Massel v. Successfulmatch.com dba Millionaire Match. The appellate...more

Venable LLP

Federal Courts Split on ‘Server Test’ in Copyright Infringement Cases Involving Embedded Images

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Earlier this week, the U.S. District Court for the Western District of Texas joined a number of other federal district courts that have challenged, narrowed, or simply rejected the applicability of the “server test,”...more

Fox Rothschild LLP

Christmas in September: New Features Added to North Carolina’s Appellate Filing Website

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The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org. The filing site has long allowed attorneys and the...more

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

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The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

Robinson Bradshaw

The Dangers of Watering Down Class-Certification Standards in Fraud Cases

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Class actions have long been difficult to certify in fraud cases.  But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm.  That decision is now on...more

Houston Harbaugh, P.C.

The United States Court of Appeals for the Third Circuit Expands the Application of the Pennsylvania Wiretap Act.

Houston Harbaugh, P.C. on

On August 16, 2022, in Popa v. Harriet Carter Gifts, Inc., the United States Court of Appeals for the Third Circuit held that using web analytics to track visitors actions on websites could violate the Pennsylvania...more

Roetzel & Andress

Eleventh Circuit Decision Creates Further Division Among Circuit Courts Regarding Website Accessibility And ADA

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On April 7, 2021, the Eleventh Circuit United States Court of Appeals vacated a trial court ruling from 2017 which held that Winn-Dixie Stores violated the Americans with Disabilities Act (“ADA”) because the Plaintiff, who is...more

McGlinchey Stafford

The Bullet Point: Ohio Commercial Law Bulletin - Does My Website URL Constitute A “Deceptive Trade Practice”? Volume 4, Issue 22

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Deceptive Trade Practices Act- Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc., Slip Opinion No. 2020-Ohio-5614- In this appeal, the Supreme Court of Ohio affirmed the lower court’s decision,...more

Seyfarth Shaw LLP

The Curve Has Flattened for Federal Website Accessibility Lawsuits

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We’ve sheltered in place and finished our tally. The numbers are in for total website accessibility lawsuit filings in federal courts in 2019, they show a small decrease from 2018....more

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