§Why CasetextPricing

N. v. Facebook, Inc.

MOTION to Dismiss

13 Cited authorities

  1. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,386 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  2. Brown v. Entertainment Merchants Assn.

    564 U.S. 786 (2011)   Cited 509 times   9 Legal Analyses
    Holding that even if violent video games cause aggression, a state could not prohibit their sale to children

  3. Doe v. Myspace

    528 F.3d 413 (5th Cir. 2008)   Cited 795 times   5 Legal Analyses
    Holding that CDA bars claims for negligence and gross negligence in not preventing a 13 year old girl from lying about her age to create a personal profile that led to contact by a sexual predator

  4. Carafano v. Metrosplash.com, Inc.

    339 F.3d 1119 (9th Cir. 2003)   Cited 213 times   9 Legal Analyses
    Holding that a dating site could not "be considered an 'information content provider' under the [CDA] because no profile has any content until a user actively creates it"

  5. Messenger v. Gruner + Jahr Printing & Publishing

    94 N.Y.2d 436 (N.Y. 2000)   Cited 129 times
    Holding that no appropriation claim may lie where “plaintiff's photograph is used to illustrate a newsworthy article”

  6. Finkel v. Facebook

    2009 N.Y. Slip Op. 32248 (N.Y. Sup. Ct. 2009)   Cited 3 times

    102578/09. September 15, 2009. [EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] DEBRA A. JAMES, Judge. The following papers, numbered 1 to 5 were read on this motion to dismiss. PAPERS NUMBERED 1,2 3 4,5 Notice of Motion/Order to Show Cause — Affidavits Exhibits Answering Affidavits — Exhibits Replying Affidavits — Exhibits Cross-Motion: [] Yes [X] No Upon the foregoing papers, The court shall grant defendant Facebook's motion to dismiss this defamation action against

  7. Rhodes v. Sperry Hutchinson Co.

    193 N.Y. 223 (N.Y. 1908)   Cited 45 times
    In Rhodes v. Sperry Hutchinson Co. (193 N.Y. 223, affd. sub nom. Sperry Hutchinson Co. v. Rhodes, 220 U.S. 502) the statute enacted as a result of Roberson was held constitutional against claims that it deprived persons of liberty and property without due process of law and that it impaired the obligations of contract.

  8. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  9. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,062 times   169 Legal Analyses
    Preempting state law

  10. Section 51 - Action for injunction and for damages

    N.Y. Civ. Rights Law § 51   Cited 572 times   13 Legal Analyses
    Affording cause of action for commercial use of name or picture without prior written consent

  11. Section 50 - Right of privacy

    N.Y. Civ. Rights Law § 50   Cited 541 times   9 Legal Analyses

    A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait , picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor. N.Y. Civ. Rights Law § 50 Amended by New York Laws 2024, ch. 58,Sec. MM-A-1, eff. 4/20/2024.

  12. Section 6501 - Definitions

    15 U.S.C. § 6501   Cited 47 times   49 Legal Analyses
    Defining the term “child” to mean “an individual under the age of 13”

  13. Section 6502 - Regulation of unfair and deceptive acts and practices in connection with collection and use of personal information from and about children on the Internet

    15 U.S.C. § 6502   Cited 27 times   7 Legal Analyses

    (a) Acts prohibited (1) In general It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b). (2) Disclosure to parent protected Notwithstanding paragraph (1), neither an operator of such a website or online service nor the operator's agent shall be held to