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[This is a non-precedential opinion, and the court unhelpfully cuts many factual and doctrinal corners.]
The plaintiffs claim that bad actors misused Tile’s tracking devices to stalk them. The plaintiffs (as a class action) sued Tile for how it designed and sold the trackers. Tile invoked the arbitration clause in its TOS. This sets up a complicated analysis of TOS ame...
The KGM bellwether trial is continuing in Los Angeles. Meanwhile, this post rounds up three related developments that are taking place outside the media spotlight.
Two preliminary notes:
1) This opinion is by a TAFS judge (Trump-appointed, Federalist Society).
2) The right of publicity doctrine is incoherent, and this opinion illustrates that.
* * *
“Plaintiffs allege that Honey “misrepresents its ability to find the ‘best discount codes’ for consumers” and instead “prioritizes coupon codes from Honey’s partner merchants,” giving users “inferior discounts, or no discounts at all, while Honey and its merchant partners profit.”” Paypal/Honey (Paypal owns Honey, so I’ll treat them as the same) invoked the arbitration clause...
The plaintiff, Francesse Senat Dor:
asserts that Google’s spam filter failed to block abusive, spoofed, and spam emails from reaching her Gmail account. She says that reading these emails caused her emotional distress, and although she does not allege that the emails ever reached anyone else but her, she contends that they somehow damaged her reputation and disrupted h...