21 Cited authorities

Fair v. Roommates
521 F.3d 1157 (9th Cir. 2008) Cited 335 times 27 Legal Analyses
Holding defendant liable for developing content by “not merely ... augmenting the content generally, but ... materially contributing to its alleged unlawfulness” when it required subscribers to provide information which enabled users of site to unlawfully discriminate in selecting a roommate
Delfino v. Agilent Technologies Inc.
145 Cal.App.4th 790 (Cal. Ct. App. 2006) Cited 177 times 3 Legal Analyses
Finding no connection between plaintiffs' injuries and the fact that the defendant-employer supplied the offending-employee a computer which the employee used to send threatening messages to the plaintiffs
Barrett v. Rosenthal
40 Cal.4th 33 (Cal. 2006) Cited 170 times 5 Legal Analyses
Holding that CDA immunity extended to individuals who republish via the Internet defamatory statements originally made by others in email and internet postings
Gentry v. Ebay, Inc.
99 Cal.App.4th 816 (Cal. Ct. App. 2002) Cited 156 times 7 Legal Analyses
Holding that website is an interactive computer service
Dyroff v. Ultimate Software Grp., Inc.
934 F.3d 1093 (9th Cir. 2019) Cited 72 times 2 Legal Analyses
Holding that features, functions, and algorithms which analyzed user content and recommended connection "are tools meant to facilitate the communication and content of others"
Jane Doe v. Internet Brands, Inc.
824 F.3d 846 (9th Cir. 2016) Cited 76 times 6 Legal Analyses
Finding that failure-to-warn claim was not barred by CDA because plaintiff did not seek to hold defendant liable as a "publisher or speaker"
Kimzey v. Yelp! Inc.
836 F.3d 1263 (9th Cir. 2016) Cited 67 times 4 Legal Analyses
Holding that Yelp’s "star-rating system is best characterized as the kind of neutral tool operating on voluntary inputs that ... [does] not amount to content development or creation" (citing Klayman , 753 F.3d at 1358 )
Casterson v. Superior Court
101 Cal.App.4th 177 (Cal. Ct. App. 2002) Cited 102 times
In Casterson, the plaintiff asserted section 35330's immunity should not be construed to protect a district's employee for injuries caused by the employee's negligence during the field trip because subdivision (d) did not expressly cover employees, while other provisions of the Education Code limiting liability for personal injuries did expressly cover employees.
Align Technology, Inc. v. Tran
179 Cal.App.4th 949 (Cal. Ct. App. 2009) Cited 80 times
Holding "legislative purpose of former section 439, the predecessor of section 426.30 . . . was to provide for the settlement, in a single action, of all conflicting claims between the parties arising out of the same transaction" and to "avoid a multiplicity of actions"
Cross v. Facebook, Inc.
14 Cal.App.5th 190 (Cal. Ct. App. 2017) Cited 49 times 1 Legal Analyses
Finding that "[i]t cannot be disputed that Facebook's website" is a public forum within the meaning of section 425.16(b)

Order Submitted Matter

21 Cited authorities

Holding defendant liable for developing content by “not merely ... augmenting the content generally, but ... materially contributing to its alleged unlawfulness” when it required subscribers to provide information which enabled users of site to unlawfully discriminate in selecting a roommate

Finding no connection between plaintiffs' injuries and the fact that the defendant-employer supplied the offending-employee a computer which the employee used to send threatening messages to the plaintiffs

Holding that CDA immunity extended to individuals who republish via the Internet defamatory statements originally made by others in email and internet postings

Holding that website is an interactive computer service

Holding that features, functions, and algorithms which analyzed user content and recommended connection "are tools meant to facilitate the communication and content of others"

Finding that failure-to-warn claim was not barred by CDA because plaintiff did not seek to hold defendant liable as a "publisher or speaker"

Holding that Yelp’s "star-rating system is best characterized as the kind of neutral tool operating on voluntary inputs that ... [does] not amount to content development or creation" (citing Klayman , 753 F.3d at 1358 )

Holding "legislative purpose of former section 439, the predecessor of section 426.30 . . . was to provide for the settlement, in a single action, of all conflicting claims between the parties arising out of the same transaction" and to "avoid a multiplicity of actions"

Finding that "[i]t cannot be disputed that Facebook's website" is a public forum within the meaning of section 425.16(b)