In the past two weeks, I’ve twice blogged about the Ninth Circuit’s opinion in Barnes v. Yahoo. This case split the Ninth Circuit from other circuits as to how the CDA should be applied – should it support a 12(b)(6) motion to dismiss, or should it be treated as an affirmative defense? In deciding that the
Barnes v. Yahoo
Can the CDA Support 12(b)(6) Motion to Dismiss? Ninth Circuit Says ‘No’; New York District Court Says ‘Yes.’
On May 28, I wrote about the Ninth Circuit’s decision in Barnes v. Yahoo. In that case, the Ninth Circuit held (among other things) that the Communications Decency Act (47 USC § 230) (“CDA”) could not support a 12(b)(6) motion to dismiss for failure to state a claim, because the CDA is an affirmative…
Ninth Circuit CDA Decision
In what is likely to be seen as a watershed moment for the application of the Communications Decency Act of 1996 (the “CDA”), the Ninth Circuit Court of Appeals has released an opinion in Barnes v. Yahoo that has the potential to dramatically increase the cost of defending social media and computer service providers.