Justia Civil Procedure Opinion Summaries

In 2016, McLaughlin, the head of a business, was arrested based on an alleged domestic dispute with his former girlfriend, Olivia. In 2018, an Illinois court ordered all records in that case expunged, and the destruction of McLaughlin’s arrest records and photographs. McLaughlin sought an order of protection against Olivia. The terms of the parties’ subsequent settlement were incorporated in a judgment, which was sealed. Doe nonetheless posted multiple Twitter messages about McLaughlin’s arrest with McLaughlin’s mugshot, tagging McLaughlin’s business contacts and clients, and media outlets. Twitter suspended Doe’s accounts. The Illinois court issued a subpoena requiring the production of documents related to Doe’s Twitter accounts and issued “letters rogatory” to the San Francisco County Superior Court. Under the authority of that court, McLaughlin's subpoena was to be served on Twitter in San Francisco, requesting information personally identifying the account holders. In a motion to quash, Doe argued he had a First Amendment right to engage in anonymous speech and a right to privacy under the California Constitution. Doe sought attorney fees, (Code of Civil Procedure1987.2(c))The court of appeal affirmed orders in favor of McLaughlin. No sanctions were awarded. Doe failed to establish he prevailed on his motion to quash or that “the underlying action arises from [his] exercise of free speech rights on the Internet.” Doe presented no legally cognizable argument that McLaughlin failed to make a prima facie showing of breach of the settlement agreement. View "Doe v. McLaughlin" on Justia Law

Clemens, then an employee, provided ExecuPharm with sensitive information, including her address, social security number, bank, and financial account numbers, insurance, and tax information, passport, and information relating to her family. Clemens’s employment agreement provided that ExecuPharm would “take appropriate measures to protect the confidentiality and security” of this information. After Clemens left ExecuPharm, a hacking group (CLOP) accessed ExecuPharm’s servers, stealing sensitive information pertaining to current and former employees, including Clemens. CLOP posted the data on the Dark Web, making available for download 123,000 data files pertaining to ExecuPharm, including sensitive employee information. ExecuPharm notified current and former employees of the breach and encouraged precautionary measures. Clemens reviewed her financial records and credit reports for unauthorized activity; placed fraud alerts on her credit reports; transferred her bank account; enrolled in ExecuPharm’s complimentary one-year credit monitoring services; and purchased three-bureau additional credit monitoring services for herself and her family for $39.99 per month.Clemens's suit under the Class Action Fairness Act, 28 U.S.C. 1332(d), was dismissed for lack of Article III standing. The court concluded that Clemens’s risk of future harm was not imminent, but “speculative.” Any money Clemens spent to mitigate the speculative risk was insufficient to confer standing; even if ExecuPharm breached the employment agreement, it would not automatically give Clemens standing to assert her breach of contract claim. The Third Circuit vacated. Clemens’s injury was sufficiently imminent to constitute an injury-in-fact for purposes of standing. View "Clemens v. Execupharm Inc" on Justia Law

NBA Properties owns the trademarks of the NBA and NBA teams. In 2020, a Properties investigator accessed HANWJH’s online Amazon store and purchased an item, designating an address in Illinois as the delivery destination. The product was delivered to the Illinois address. Properties sued, alleging trademark infringement and counterfeiting, 15 U.S.C. 1114 and false designation of origin, section 1125(a). Properties obtained a TRO and a temporary asset restraint on HANWJH’s bank account, then moved for default; despite having been served, HANWJH had not answered or otherwise defended the suit. HANWJH moved to dismiss, arguing that the court lacked personal jurisdiction over it because it did not expressly aim any conduct at Illinois. HANWJH maintained that it had never sold any other product to any consumer in Illinois nor had it any “offices, employees,” “real or personal property,” “bank accounts,” or any other commercial dealings with Illinois.The Seventh Circuit affirmed the denial of the motion to dismiss and the entry of judgment in favor of Properties. HANWJH shipped a product to Illinois after it structured its sales activity in such a manner as to invite orders from Illinois and developed the capacity to fill them. HANWJH’s listing of its product on Amazon.com and its sale of the product to counsel are related sufficiently to the harm of likelihood of confusion. Illinois has an interest in protecting its consumers from purchasing fraudulent merchandise. HANWJH alleges no unusual burden in defending the suit in Illinois. View "NBA Properties, Inc. v. HANWJH" on Justia Law

The HuffingtonPost.com, Inc. ("HuffPost"), petitioned the Alabama Supreme Court for a writ of mandamus to direct a circuit court to vacate its order denying HuffPost's motion for a summary judgment based on the immunity provided in the Communications Decency Act of 1996, 47 U.S.C. § 230, and to enter a summary judgment in its favor pursuant to the immunity provided in 47 U.S.C. § 230. K.G.S. petitioned to adopt Baby Doe; the birth mother contested the adoption. The birth mother contacted Mirah Ruben, a contributor to HuffPost, and shared her version of events leading to her contesting the adoption. HuffPost published two online articles about Baby Doe’s adoption, including the full name of the birth mother, K.G.S. and included images of Baby Doe. After the articles were published, Claudia D’Arcy, a resident of New York, created a Facebook page dedicated to reuniting the birth mother and Baby Doe, which attached the HuffPost articles. The Facebook page also identified the birth mother and K.G.S. by name, and images of Baby Doe. After the creation of the Facebook page, K.G.S. stated she was “inundated with appallingly malicious and persistent cyber-bullying.” K.G.S.’ attorney compelled Facebook to take down the page because it violated Alabama’s Adoption Code. Then K.G.S. sued HuffPost, Mirah Riben, and a number of other defendants alleging that the defendants had made statements relating to the adoption that subjected them to civil liability and had unlawfully disclosed confidential information about the adoption "to create a sensationalized, salacious, and scandal-driven trial in the court of public opinion to pressure K.G.S. into relinquishing her custody of Baby Doe." After review of the circumstances of this case, the Alabama Supreme Court concluded HuffPost demonstrated a clear legal right to mandamus relief, and its petition was granted. View "Ex parte The HuffingtonPost.com" on Justia Law

John Doe (Father) appealed a magistrate court’s decision to terminate his parental rights to his three children: John Doe I (age 12), Jane Doe (age 11), and John Doe II (age 7). The children and their biological mother (Mother) lived in Idaho when the Idaho Department of Health and Welfare (the Department) petitioned to terminate Mother’s parental rights. Mother eventually voluntarily stipulated to the termination of her rights. Father resided in Tennessee during these proceedings and could not be located by the Department for several months. The Department amended its original petition in Idaho to establish jurisdiction over Father. The Department then moved to obtain authorization to serve the petition on Father by publication in the Tennessee city where Father resided. The magistrate court granted the Department’s request. Ultimately, Father was located in Tennessee and accepted personal service. The Department then filed petitioned to terminate his parental rights. Father participated in the termination trial via Zoom from Tennessee. Throughout the proceeding, Father’s internet connection proved to be unreliable, and he was repeatedly disconnected from the proceeding. Father rejoined the proceeding when the connection was reestablished. Father moved to continue the trial because of the connectivity issue, which the magistrate court denied, noting that it had given the parties the option of joining the proceedings remotely, but that they were required to ensure they had a reliable internet connection. Following the trial, the magistrate court terminated Father’s parental rights based on the grounds of abandonment, neglect, and the inability to discharge parental responsibilities. Father appealed. Finding no reversible error in the magistrate court's judgment, the Idaho Supreme Court affirmed it. View "IDHW v. John Doe" on Justia Law

Plaintiff-Appellant Cl.G., on behalf of his minor son, C.G., appealed a district court’s dismissal of his case against Defendants-Appellees Cherry Creek School District (District or CCSD) and various employees for alleged constitutional violations stemming from C.G.’s suspension and expulsion from Cherry Creek High School (CCHS). In 2019, C.G. was off campus at a thrift store with three friends. He took a picture of his friends wearing wigs and hats, including “one hat that resembled a foreign military hat from the World War II period.” C.G. posted that picture on Snapchat and captioned it, “Me and the boys bout [sic] to exterminate the Jews.” C.G.’s post (the photo and caption) was part of a private “story,” visible only to Snapchat users connected with C.G. on that platform. Posts on a user’s Snapchat story are automatically deleted after 24 hours, but C.G. removed this post after a few hours. He then posted on his Snapchat story, “I’m sorry for that picture it was ment [sic] to be a joke.” One of C.G.’s Snapchat “friend[s]” took a photograph of the post before C.G. deleted it and showed it to her father. The father called the police, who visited C.G.’s house and found no threat. Referencing prior anti-Semitic activity and indicating that the post caused concern for many in the Jewish community, a CCHS parent emailed the school and community leaders about the post, leading to C.G.'s expulsion. Plaintiff filed suit claiming violations of C.G.'s constitutional rights. Defendants moved to dismiss, which was ultimately granted. On appeal, Plaintiff argued that the First Amendment limited school authority to regulate off-campus student speech, particularly speech unconnected with a school activity and not directed at the school or its specific members. Defendants maintained that C.G. was lawfully disciplined for what amounts to off-campus hate speech. According to Defendants, although originating off campus, C.G.’s speech still spread to the school community, disrupted the school’s learning environment, and interfered with the rights of other students to be free from harassment and receive an education. The Tenth Circuit determined Plaintiff properly pled that Defendants violated C.G.’s First Amendment rights by disciplining him for his post; the district court’s dismissal of Plaintiff’s first claim was reversed in part. The Court affirmed dismissal of Plaintiff’s further facial challenges to CCSD’s policies. Questions of qualified and absolute immunity and Plaintiff’s conspiracy claim were remanded for further consideration. View "C1.G v. Siegfried, et al." on Justia Law

Plaintiff Debbie Banaian appealed a superior court order granting motions to dismiss filed by defendants Aaron Bliss, Shannon Bossidy, Bryan Gagnon, Jacob D. MacDuffie, and Katie Moulton. The sole issue on appeal was whether defendants, who retweeted a defamatory tweet initiated by another individual, were “users” within the meaning of the Communications Decency Act, 47 U.S.C. 230(c)(1) (2018) (CDA), and therefore entitled to immunity from plaintiff’s claims for defamation and reckless infliction of emotional distress. The New Hampshire Supreme Court held that the retweeter defendants were “user[s] of an interactive computer service” under section 230(c)(1) of the CDA, and thus plaintiff’s claims against them were barred. Accordingly, the Supreme Court upheld the trial court’s granting of the motions to dismiss because the facts pled in the plaintiff’s complaint did not constitute a basis for legal relief. View "Banaian v. Bascom et al." on Justia Law

Blizzard Entertainment, Inc. (Blizzard) appealed an order denying its motion to compel arbitration. B.D., a minor, played Blizzard’s online videogame “Overwatch,” and used “real money” to make in-game purchases of “Loot Boxes” - items that offer “randomized chances . . . to obtain desirable or helpful ‘loot’ in the game.” B.D. and his father (together, Plaintiffs) sued Blizzard, alleging the sale of loot boxes with randomized values constituted unlawful gambling, and, thus, violated the California Unfair Competition Law (UCL). Plaintiffs sought only prospective injunctive relief, plus attorney fees and costs. Blizzard moved to compel arbitration based on the dispute resolution policy incorporated into various iterations of the online license agreement that Blizzard presented to users when they signed up for, downloaded, and used Blizzard’s service. The trial court denied the motion, finding a “reasonably prudent user would not have inquiry notice of the agreement” to arbitrate because “there was no conspicuous notice of an arbitration” provision in any of the license agreements. The Court of Appeal disagreed: the operative version of Blizzard’s license agreement was presented to users in an online pop-up window that contained the entire agreement within a scrollable text box. View "B.D. v. Blizzard Entertainment" on Justia Law

While driving over 100 miles per hour, Christal McGee rear-ended a car driven by Wentworth Maynard, causing him to suffer severe injuries. When the collision occurred, McGee was using a “Speed Filter” feature within Snapchat, a mobile phone application, to record her real-life speed on a photo or video that she could then share with other Snapchat users. Wentworth and his wife, Karen Maynard, sued McGee and Snapchat, Inc. (“Snap”), alleging that Snap negligently designed Snapchat’s Speed Filter. The trial court dismissed the design-defect claim against Snap, and a divided panel of the Court of Appeals affirmed, holding that Snap did not owe a legal duty to the Maynards because a manufacturer’s duty to design reasonably safe products does not extend to people injured by a third party’s intentional and tortious misuse of the manufacturer’s product. On certiorari, the Georgia Supreme Court concluded the Court of Appeals erred: "a manufacturer has a duty under our decisional law to use reasonable care in selecting from alternative designs to reduce reasonably foreseeable risks of harm posed by its products. When a particular risk of harm from a product is not reasonably foreseeable, a manufacturer owes no design duty to reduce that risk. How a product was being used (e.g., intentionally, negligently, properly, improperly, or not at all) and who was using it (the plaintiff or a third party) when an injury occurred are relevant considerations in determining whether a manufacturer could reasonably foresee a particular risk of harm from its product. Nevertheless, our decisional law does not recognize a blanket exception to a manufacturer’s design duty in all cases of intentional or tortious third-party use." Because the holding of the Court of Appeals conflicted with these principles, and because the Maynards adequately alleged Snap could have reasonably foreseen the particular risk of harm from the Speed Filter at issue here, the Supreme Court reversed the Court of Appeals and remanded for further proceedings. View "Maynard, et al. v. Snapchat, Inc." on Justia Law

This case involved Google LLC’s application of internet search algorithms, which it used to auction off search terms for profit to advertisers, and the interests of Edible IP, LLC, which sought to exercise control over the profit generated from its trade name and associated goodwill. In 2018, Edible IP brought an action against Google arising from Google’s monetization of the name “Edible Arrangements” without permission in its keyword advertising program. Google moved to dismiss the complaint, or in the alternative, to compel arbitration. The trial court granted the motion, dismissing the complaint on several grounds, including that it failed to state a claim, and alternatively compelling the parties to arbitration. Edible IP appealed that order, and the Georgia Court of Appeals affirmed the dismissal for failure to state a claim. The Georgia Supreme Court granted certiorari to address whether the trial court properly granted Google’s motion to dismiss, and after review, affirmed, finding Edible IP did not state a cognizable claim for relief. View "Edible IP, LLC v. Google, LLC" on Justia Law