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Some time after that, defendant as herself flew from Illinois to California to visit plaintiff. Plaintiff sued. Plaintiff sought appellate review. On appeal, the court reversed, sending the case for fraudulent misrepresentation back to the trial court.

The court said some interesting things about whether the facts that plaintiff alleged supported her claim for fraudulent misrepresentation. A plaintiff suing for fraudulent misrepresentation under Illinois law must show: 1 a false statement of material fact; 2 knowledge or belief of the falsity by the party making it; 3 intention to induce the plaintiff to act; 4 action by the plaintiff in justifiable reliance on the truth of the statement; and 5 damage to the plaintiff resulting from that reliance.

Defendant made a strange kind of circular argument as to the first element — falsity of a material fact. So defendant essentially argued that so long as she knew the masquerade was fiction, there could be no misrepresentation. The court recognized how invalid this argument was. The logic would shift the element of reliance on the truth of the statement from the injured party to the utterer.

In so many words, the judge seemed to be saying that plaintiff was too gullible to have the benefit of this legal claim. The majority opinion, on the other hand, found the question of justifiable reliance to be more properly determined by the finder of fact in the trial court.

For the motion to dismiss stage, plaintiff had alleged sufficient facts as to justifiable reliance. Congratulations to my friend Daliah Saper for her good lawyering in this case on behalf of plaintiff. Facebook victorious in lawsuit brought by kicked-off user Young v.

Facebook, WL N. October 25, Plaintiff took offense to a certain Facebook page critical of Barack Obama and spoke out on Facebook in opposition. In response, many other Facebook users allegedly poked fun at plaintiff, sometimes using offensive Photoshopped versions of her profile picture. She felt harassed. But maybe that harassment went both ways. Plaintiff eventually got kicked off of Facebook because she allegedly harassed other users, doing things like sending friend requests to people she did not know.

Facebook moved to dismiss the lawsuit. The court granted the motion. Constitutional claims Plaintiff claimed that Facebook violated her First and Fourteenth Amendment rights. But the court was unmoved, finding that the termination of her account had nothing to do with these government-created pages. She claimed that in failing to take action against this harassment, Facebook violated its own Statement of Rights and Responsibilities. Moreover, Facebook expressly disclaims any responsibility in the Statement of Rights and Responsibilities for policing the safety of the network.

Neither of these arguments worked. As for failing to provide the safety services, the court looked again to how Facebook disclaimed responsibility for such actions. She asserted that Facebook violated the implied duty by treating her coldly in the termination process, namely, by depriving her of human interaction. The court said that termination process was okay, given that the Statement of Rights and Responsibilities said that it would simply notify users by email in the event their accounts are terminated.

Contractors are in a different category. You could still have the contractor assign his or her rights in the deliverables. Again, the Copyright Act requires this to be in writing. You cannot just agree on a handshake that ownership of copyright has been transferred. Paying attention to these issues on the front end of hiring an independent contractor will help ensure clear rights in the future, avoid future tangles and disagreements, and ultimately save time and money by avoiding costly dispute resolution.

Evan Brown is a technology and intellectual property attorney in Chicago. Twitter: internetcases No contract formed via URL to terms and conditions in hard copy advertisement Online terms of service found at URL in hard copy advertisement were not enforceable. Plaintiff visited a Subway restaurant. One of the Subway employees referred plaintiff to an in-store, hard-copy advertisement.

On the advertisement, Subway offered to send special offers to plaintiff if she texted a keyword to a short code. Plaintiff sent the text message to Subway, and Subway began responding, including by sending her, via text message, a hyperlink to an electronic coupon. Later, plaintiff wanted to stop receiving the messages, so she requested that the messages cease.

But they kept arriving. Those terms and conditions required plaintiff to settle the dispute by arbitration.