by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
Whereas many Internet defamation cases involve anonymous defendants, there are many situations in which a plaintiff wants to remain anonymous. For example, a victim of defamatory comments of a sexual nature may wish to remain anonymous to avoid public humiliation. In...
by Gary Nissenbaum | May 9, 2024 | Business Formation & Sales Law Blog
In accordance with general principles of law, rescission of a contract is generally allowed only in narrow situations, such as where a party is fraudulently induced into entering into the contract. Rescission may also be permitted where there is a willful, material,...
by Gary Nissenbaum | May 9, 2024 | Business Formation & Sales Law Blog
The United States Court of Appeals for the Second Circuit held that a debt collector violated the Fair Debt Collection Practices Act (“FDCPA”) when it instituted a Syracuse City Court action in New York State against a debtor in a city where the debtor did not reside....
by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
To state a claim for unjust enrichment in New York, a plaintiff must establish that a) the defendant benefitted; b) the defendant benefited at the plaintiff’s expense; and c) that equity and good conscience require restitution. Tasini v. AOL Inc., 851 F.Supp.2d 734,...
by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
Many Americans are able to go online, enter their address into Google and zoom-in on the ensuing map so closely that they can see an image of their own home. This obviously raises invasion of privacy concerns. In 2010, that question was proposed to the United States...
