In re Facebook, Inc. (Opinion)
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The Supreme Court denied in part and conditionally granted in part the petition for mandamus relief filed by Facebook, Inc. directing the dismissal of three lawsuits brought by three plaintiffs alleging that they were victims of sex trafficking who became entangled with their abusers through Facebook, holding that certain claims may proceed but that the remaining claims must be dismissed.
Plaintiffs alleged claims claims for negligence, negligent undertaking, gross negligence, and products liability based on Facebook’s alleged failure to warn of or prevent sex trafficking on its internet platforms. Plaintiffs also asserted claims under Tex. Civ. Prac. & Rem. Code 98.002, which creates a civil cause of action against those who intentionally or knowingly benefit from participation in a sex-trafficking venture. Facebook moved to dismiss all claims as barred by the federal Communications Decency Act, 47 US.C. 230(e)(3). After the motions were denied, Facebook sought mandamus relief. The Supreme Court granted relief in part, holding (1) Plaintiffs' claims for negligence, gross negligence, negligent undertaking, and products liability must be dismissed; and (2) Plaintiffs' claims under section 98.002 may proceed.
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