Google’s Win in RNC’s Spam Email Case Upheld by 9th Cir. (1)

Google LLC fended off a lawsuit from the Republican National Committee Friday, after a federal appeals court ruled that Google can’t be held liable for allegations that Gmail sent fundraising emails to recipients’ spam folders in the lead up to midterm elections in 2022.

A three-judge panel for the US Court of Appeals for the Ninth Circuit ruled that Google isn’t a “common carrier"—like an airline or taxi service—under California law and upheld the lower court’s dismissal of the suit.

“The relationship between an email sender and Google is an imperfect fit for the traditional carrier-passenger framework, and the RNC ...