1 University of Houston Law Center Digital Transactions Week 1 Internet Jurisdiction Copyright, 2006, Ronald L. Chichester, All Rights Reserved
2 Internet Jurisdiction In General Old Cases Still Apply Due Process under the Fourteenth Amendment Burger King; International Shoe; Calder v. Jones. Minimum Contacts Due process requires only that in order to subject defendant to a judgment in personam, if he be not present in the territory of the forum, he have certain minimum contacts... International Shoe.
3 Internet Jurisdiction In General Old Cases Still Apply Purposeful Availment The placement of a product into the stream of commerce, without more, is not an act of the defendant purposefully directed toward the forum state. Asahi.
4 Types of Jurisdiction Personal (in personam) Jurisdiction Specific Jurisdiction General Jurisdiction In rem Jurisdiction Anti Cybersquatting Protection Act ( ACPA ) for civil cases. Criminal acts (where the harm was caused within the forum state) can give rise to in rem jurisdiction.
5 Asserting Jurisdiction Purposeful Availment (in personam) Web Pages (in some cases) Electronic Transactions Tortious Conduct Presence (in rem) Anti Cybersquatting Protection Act Criminal Acts Contractual Forum Selection and Choice of Law
6 Personal Jurisdiction Personal (in personam) Jurisdiction General Jurisdiction Available when online defendant engaged in "systematic and continuous" activities in the forum state. Permits jurisdiction when conduct of defendant was not coupled to the corpus of the suit. Specific Jurisdiction an online defendant availed himself of the privileges of doing business in the forum state; the claim arose out of forum related activities; and the exercise of personal jurisdiction is reasonable.
7 Purposeful Availment can be found through: Web pages or the hosting of web pages in forum state Electronic Transactions Tortious Conduct Defamation Copyright Infringement Trademark Infringement Unfair Competition Breach of Contract Misappropriation of Trade Secrets Patent Infringement (potentially)
8 Web Pages Cases mixed Two forms of analysis in use by the courts Zippo sliding scale analysis Contacts and Connector analysis Either or both types of analysis may be used by the courts, but look for the Contacts and Connector analysis as the current trend. Most courts require something more than an Internet presence. See, GTE New Media Services Inc. v. Ameritech Corp., 199 F.3d 1343 (DC Cir. 2000) Use of interactive website by DC residents was unilateral acts by residents.
9 Zippo Sliding Scale Analysis Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F. Supp (W.D. Pa. 1997). General theory centers around notions of interactivity. The more interactive a website is with users within the forum state, the easier it is to assert jurisdiction. What the threshold level of interactivity needed to assert jurisdiction varies, depending on the facts of a particular case. Quality of the activities. Subjective interpretations of the quality of the activities has led to inconsistent decisions.
10 Zippo Sliding Scale Analysis (continued) Passive site, no interactivity permitted. Jurisdiction almost never asserted. Semi active websites, such as those where interactivity is limited to exchanging information (but not goods or services) are in the gray area. Active websites that offer goods and/or services online and allow users to transact business without restriction to location are almost always subject to jurisdiction in other states.
11 Zippo Sliding Scale Analysis (continued) The key is implied consent of the defendant. Courts examine the qualities of the activity to determine whether the defendant has impliedly consented to the jurisdiction of the foreign forum. Additional non Internet commercial contacts with the forum state are very important and may well tip the balance against the defendant. In general, the courts will find implied consent if the exchange is commercial and more than minimal.
12 Example Zippo cases Cybersell, Inc. v. Cybersell, Inc., 130 F.3d 414 (9 th Cir. 1997). Arizona plaintiff sued the Florida defendant for trademark infringement for offering web page construction services over the Internet. The plaintiff alleged that personal jurisdiction should lie because the defendant's web page was viewable on a worldwide basis. The Ninth Circuit concluded that the defendant's website was essentially passive and that the Florida defendant had conducted no business in Arizona. Mink v. AAAA Devel. LLC, 1909 F.3d 333 (5 th Cir. 1999). Printable mail in form, a toll free call in number and a posted address were not enough to impose specific jursidiction in Texas over a Vermont website operator.
13 Contacts and Connector Analysis Developed after criticism of post Zippo decisions that required subjective evaluation. This form of analysis is rooted in the effects test from Calder v. Jones, 465 US 783 (1984). More often applied in cases involving defamation and intentional torts (such as trademark infringement). Gets around the Zippo problem that one side of the interaction is typically a robot.
14 Web Pages Cases Against Finding Jurisdiction Med Tec Iowa, Inc. v. Computerized Imaging Reference Systems, Inc., 223 F. Supp (SD Iowa, 2002). Website that contained information about products, but did not permit online placement of orders or other "exchange" of information" lacks sufficient contacts with Iowa to warrant federal court's exercise of jurisdiction in patent infringement case. Snyder v. Dolphin Encounters Ltd., (E.D. Pa, 2002). Tour operator's interactive web site did not target forum (even though customers could order souvenirs or book reservations), thus didn't support general jurisdiction. Cybersell, Inc. v. Cybersell, Inc., 130 F.3d 414 (9 th Cir., 1997).
15 Web Pages Cases Finding Jurisdiction MGM Studios v. Grokster, Ltd., 243 F. Supp. 2d 1073 (DC CCalif., 2003). Distribution of software via a web home page allows finding of jurisdiction in California. Mariz v. CyberGold, 947 F.Supp (E.D. Mo., 1996). Interactive website containing domain name that allegedly infringed plaintiff's trademark was sufficient for finding of jurisdiction.
16 Electronic Transactions Compuserve, Inc. v. Paterson, 89 F.3d 1257 (6 th Cir. 1996). Compuserve DJ'ed a Houston attorney that alleged trademark infringement. The Sixth Circuit concluded that when a defendant subscribed to CompuServe, loaded his software onto its system for others to use, and advertised his software on the system, the defendant had taken direct actions to create a connection with the forum state. Origins Natural Resources, Inc. v. Kotler, 133 F. Supp. 2d 1232 (D.N.M. 2001). Merely advertising from another forum [via the Internet] into New Mexico has not been considered constitutionally sufficient.
18 Tortious Conduct Defamation Bochan v. La Fontaine, 68 F.Supp. 2d 692 (E.D. Va. 1999) Libelous postings made to newsgroup hosted in Virginia sufficient for personal jurisdiction in that state. Oasis Corp. v. Judd, 132 F.Supp. 2d 612 (S.D. Ohio 2001) Ohio district court finds no personal jurisdiction in gripesite because alleged wrongs are only on non commercial website and defendants have no inherent connection to Ohio. Dow Jones & Co. v. Gutnick, Austl., 2002 H.C.A. 56 (2002). Australian high court asserts jurisdiction over U.S. based web publisher, rejects single publication rule for Internet defamation.
19 Tortious Conduct Copyright Infringement MGM Studios v. Grokster, Ltd. (DC CCalif, 1/9/2003). Defendant (a foreign corporation) was found to have purposefully availed itself of privilege of doing business in California by distributing software via the Internet that facilitated infringement of plaintiff's copyrights. The court noted that approximately two million of the software downloaders were California residents, and that the distribution of the software, although free, was essentially a commercial act that (through advertising) generated income for the defendant.
20 Tortious Conduct Trademark Infringement Carefirst of Maryland, Inc. v. Carefirst Pregnancy Centers, Inc. (4 th Cir. No , July 2, 2003). Plaintiff gave defendant notice of plaintiff's federal trademark registration and common law rights in the mark CAREFIRST. Maryland plaintiff sued Illinois defendant in Maryland for trademark infringement and dilution. The district court dismissal for lack of personal jurisdiction over defendant was affirmed by the Fourth Circuit. Court noted that only connection to forum was website on the Internet and Maryland web host provider both insufficient to establish jurisdiction Merely placing information on the Internet is not sufficient absent manifest intent of targeting forum state.
21 Tortious Conduct False Advertisement Minnisota v. Granite Gate Resorts, 568 N.W.2d 715 (Ct. App., Minn., 1997). Nevada provider of Internet gambling service was subject to personal jurisdiction in Minnesota in an action for false advertising and consumer fraud. Court found that defendant availed itself of the privilege of conducting activities within every state from which [the Internet] information may be accessed and that allowed the Minnesota long arm statute to apply. The court based its decision on the number of "hits" that the website received, the number of different locations within the forum states that accessed the website, and the fact that the website's mailing list included residents of the forum state.
22 Tortious Conduct Trade Secret Misappropriation DVD Copy Control Association v. Pavlovich (29 Cal. 4 Th ). California courts could not exercise personal jurisdiction over a Texas resident for alleged trade secrets misappropriation where the only contact with the state was the maintenance of a website over the Internet. Justice Brown, writing for the 4 3 majority found that mere allegations that the defendant should have known that his conduct may cause harm, standing alone, were not enough for a court in California to exercise personal jurisdiction over an out of state resident.
23 Tortious Conduct Unfair Competition Graphic Controls Corp. v. Utah Medical Products, Inc., 149 F.3d 1382 (Fed. Cir. 1998). Utah Medical sent letters to hospitals in New York alleging Graphic Controls infringed a patent. Graphic Controls DJ'ed for unfair competition and invalidity/non infringement in New York. Defendant's tollfree number and website were not enough to establish jurisdiction. The letters sent by Utah Medical were of insufficient quality and degree to be considered the 'transaction of business' under New York law.
24 Tortious Conduct Breach of Contract Pres Kap, Inc. v. System One, 636 So.2d 1351 (Fla. App. 1994). Florida lacked personal jurisdiction over nonresident defendant corporation. New York travel agency used Florida plaintiff's online airline reservation system. Plaintiff had a New York office, solicited defendant in New York, negotiated the contract in New York, and delivered the equipment in New York. Only Florida contact was use of the airline reservation database. The court said that sending payments to Florida, and use of the database located in Florida cannot convert this obviously New York based transaction into a Florida transaction so that the defendant could reasonably expect to be sued in Florida in the event the transaction soured.
25 Tortious Conduct Patent Infringement Interactive Gift Express Inc. v. CompuServe Inc., 47 U.S.P.Q.2d 1797 (S.D.N.Y. 1998). Plaintiff claimed that CompuServe was a contributory and inducing infringer by distributing software over the Internet. E Data Corp. v. Micropatent Corp., 989 F.Supp. 173 (D.Conn. 1997). Plaintiff claimed that defendant infringed by offering photographic images to customers via the Internet. The court held that the defendant's website alone was insufficient for jurisdiction. Agar Corp. v. MultiFluid Inc., 45 U.S.P.Q.2d 1444 (S.D. Tex. 1997). Norwegian defendant not subject to jurisdiction in Texas based on its marketing of infringing technology via the Internet. Passive website not directed to Texas.
26 In general... courts will focus on the effects and local impact that a website has on a particular jurisdiction.... which means that... When an online activity has a significant impact within a locality, courts will assert jurisdiction. Note A showing of minimum contacts is not generally a problem. Courts tend to subsume the minimum contacts requirement within the purposeful availment test.
27 Tips Where the web page is located/hosted is generally (but not always) irrelevant. Focus on the effects within the forum. Try not to rely on Internet related elements for implied consent, judges are more comfortable with cases having traditional fact patterns.
28 Presence In rem Jurisdiction Anti Cybersqatter Protection Act Criminal Acts
29 Presence ACPA In rem jurisdiction is expressly allowed under the Anti Cybersquatting Protection Act ("ACPA"). 15 U.S.C. 1125(d) protects against bad faith intent to profit from registration of domain name. Act does not require plaintiff to show that the offending domain name is being used in commerce or that the use causes confusion among customers. Act requires the plaintiff to show that the allegedly infringing domain name was registered with the bad faith intent to profit from the plaintiff's trademark.
30 Presence ACPA Procedure under 15 U.S.C. 1125(d)(2)(A) The plaintiff must follow the prescribed procedures for filing an in rem action, namely: Plaintiff must file an (in personam) action against a company or person; Plaintiff must have attempted personal jurisdiction or have served by publication if personal service is impractical; and Obtain court permission to file in rem action (and must prove that offending domain name violates trademark rights prior to filing an in rem action). Can bring action district of domain name registrar.
31 Presence ACPA Early district courts decisions narrowly interpreted 15 USC 1125(d)(2). Fourth Circuit has interpreted 1125(d)(2) more broadly.
32 Presence ACPA Precedent Harrods Ltd. v. Sixty Internet Domain Names, 302 F.3d 214 (4 th Cir. 2002). Presence of the domain name registrar within the judicial district where the case is brought is, in itself, sufficient minimum contact to satisfy Constitutional due process concerns. No other personal contact between the domain name registrant and the forum district is necessary. In rem provisions have broadest possible reach, and enable a trademark owner to obtain jurisdiction for any right of a trademark owner that is violated by the domain registrant.
33 Presence Criminal Acts Criminal Acts United States v. Thomas, 74 F.3d701 (6 th Cir. 1996). Adult bulletin board operators charged with allowing obscene material to be transmitted over the Internet. Defendants were extradited to Tennessee and charged under 18 U.S.C Court found that binary signals to were sufficient to invoke statue even if the pictures were unviewable during transmission.
34 Presence Criminal Acts Criminal Acts United States v. Kammersel, 196 F.3d 1137 (10 th Cir. 1999). Defendant sent a bogus bomb threat to his girlfriend via AOL instant messenger so that she would get off work early. The signal went from Utah to AOL's server in Virginia back to Utah, thus invoking the interstate communication needed for jurisdiction under 18 U.S.C. 875(c).
35 Contractual Forum Selection Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991) Forum selection clause upheld because there was no evidence that clause was designed to discourage pursuit of claims. Caspi v. The Microsoft Network, L.L.C., 323 N.J. Super. 118 (App. Div. 1999) Forum selection clause in an online subscriber agreement to MSN service deemed enforceable, even though the clause had no bold or uppercase font. Groff v. AOL, 1998 WL (R.I. Super. Ct. 1998) Forum selection clause unreasonable. Dismissed for improper venue. Beware of shrinkwrap/clickwrap/browsewrap issues. Uniform Computer Information Transactions Act (UCITA).
Personal Jurisdiction and the Internet: An Update As set forth in a prior article appearing in the April issue of the Internet Law & Strategy newsletter, despite some suggestions to the contrary, the rise
Case 4:09-cv-01889 Document 27 Filed in TXSD on 10/23/2009 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DUSTIN S. KOLODZIEJ, Plaintiff, v. CIVIL ACTION H-09-1889
MINIMUM CONTACTS ANALYSIS AND BROADCAST SIGNALS IN TEXAS I. INTRODUCTION... 1 II. ESTABLISHING PERSONAL JURISDICTION IN TEXAS... 2 A. History of Personal Jurisdiction in Defamation Cases... 2 B. Analyzing
For further information, please contact lonathan Bender, counsel for Defendant Michael Mancusi NEWSPAPER ASSOCIATION OF AMERICA, INC., IN 'IHE UNI'I'EL S'lATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
Case: 12-11255 Document: 00512311028 Page: 1 Date Filed: 07/17/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 12-11255 Summary Calendar COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY,
TRADEMARK: PERSONAL JURISDICTION: MINIMUM CONTACTS PERSONAL JURISDICTION AND THE INTERNET: AN INTRODUCTION By Brian Covotta Over 35,000,000 consumers and 190,000 businesses presently use the Internet.'
Pennsylvania Law on Advertising Injury Summary of Cases Atlantic Mutual Insurance v. Brotech Corp., 857 F. Supp. 423 (E.D. Pa. 1994), aff'd, 60 F.3d 813, 1995 U.S. App. LEXIS 15297 (3d Cir. May 12, 1995)
Case 1:09-cv-00619-SS Document 22 Filed 11/30/09 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION SYSINFORMATION, INC., Plaintiff, -vs- Case No. A-09-CA-619-SS
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ALS SCAN, INCORPORATED, Plaintiff-Appellant, v. DIGITAL SERVICE CONSULTANTS, INCORPORATED, Defendant-Appellee, and No. 01-1812 ROBERT WILKINS;
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IMPERIUM INSURANCE COMPANY f/k/a DELOS INSURANCE COMPANY v. Civil No. CCB-12-1373 ALLIED INSURANCE BROKERS, INC. MEMORANDUM This suit arises
Case 1:15-cv-00272-MEH Document 15 Filed 03/27/15 USDC Colorado Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:15-cv-00272-MEH NEW BELGIUM BREWING COMPANY,
LEXSEE 49 F. Supp. 2d 743 JANICE DECKER and ROBERT DECKER, Plaintiffs, v. CIRCUS CIRCUS HOTEL, JOHN DOE and ABC COMPANY, Defendants. Civ. No. 97-1848 (WHW) UNITED STATES DISTRICT COURT FOR THE DISTRICT
Personal Jurisdiction In Hatch-Waxman Actions In View of Daimler By: Brian D. Coggio Ron Vogel Prior to the Supreme Court s decision in Daimler, 1 concerns over personal jurisdiction in Hatch-Waxman actions
Liability of Internet Service Providers Tsuneaki Hagiwara Manager of the Legal Department, Toppan Printing Co., Ltd. 1. U.S. Rules Limiting Liability of Internet Service Providers (1) Copyright Infringement
Judgment rendered January 14, 2015. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 49,562-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * DAINE
Comments of Verizon Communications on the Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters Verizon Communications appreciates the opportunity to submit comments on
Case 1:14-cv-05919-JEI-KMW Document 43 Filed 05/20/15 Page 1 of 2 PageID: 254 LAWRENCE C. HERSH Attorney at Law 17 Sylvan Street, Suite 102B Rutherford, New Jersey 07070 (201) 507-6300 AUSTIN HANSLEY Austin
TRADEMARKS AND THE INTERNET TRADEMARK LAW A trademark or service mark is a word, name, symbol or device used to identify goods or services and distinguish them from others. Trademarks and service marks
Case :-cv-0-dgc Document Filed 0// Page of 0 WO Wintrode Enterprises Incorporated, v. PSTL LLC, et al., IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, Defendants. No. CV--0-PHX-DGC
Acceptable Use Policy of UNWIRED Ltd. Acceptance of Terms Through Use This site provides you the ability to learn about UNWIRED and its products and services as well as the ability to access our network
Case:-cv-0 Document Filed0// Page of 0 0 LAKESHORE LAW CENTER Jeffrey Wilens, Esq. (State Bar No. 0 0 Yorba Linda Blvd., Suite 0-0 Yorba Linda, CA --0 --0 (fax email@example.com Attorney and Plaintiff
ICM Registry White Paper Legal Analysis of.xxx Registry Trademark Liability As a part of the launch of the.xxx top-level domain ( TLD ), a number of questions arose regarding the protections for existing
October 26, 2010 Volume 2 Issue 3 Featured Article Addressing Venue in Defense of Attorney Malpractice Claims by Christopher G. Betke and Michael E. Jusczyk As law firms grow larger, many have branch offices
Case 1:04-cv-01420-AK Document 9 Filed 01/12/05 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PENDA E. BYRD, : : Plaintiff, : : v. : Civil Action No. 04-1420 : (ESH) ADMIRAL MOVING
Case 1:06-cv-00163-EJL-CWD Document 40 Filed 02/23/07 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO THOMAS R. MASTERSON, vs. Plaintiff, SWAN RANGE LOG HOMES, LLC, an Idaho limited
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT AETNA LIFE & CASUALTY, : Plaintiff, : vs. : No. 3:04CV817(WWE) WILLIAM L. OWEN, : Defendant. : / Ruling on Defendant s Motion to Dismiss [Doc. # 10]
October 2010 SURVEY OF CASES DISCUSSING THE MEANING OF THE WORD PERSON IN GENERAL LIABILITY INSURANCE POLICIES California Illinois New Jersey Please note that statutes and case law vary from state to state
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION BRUCE RASSOLI, et al., Plaintiff, v. CIVIL ACTION NO. H-11-2827 INTUIT INC., Defendant. MEMORANDUM AND OPINION Bruce
Case: 5:10-cv-01912-DAP Doc #: 21 Filed: 03/14/11 1 of 8. PageID #: 358 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNIQUE PRODUCT SOLUTIONS, LTD., ) Case No. 5:10-CV-1912 )
Case 1:11-cv-00911-RHB Doc #48 Filed 08/09/12 Page 1 of 9 Page ID#1233 LOWN COMPANIES, LLC, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION v. Plaintiff, PIGGY PAINT,
COMPARATIVE NEGLIGENCE RULES & BI/PD STATUTES OF LIMITATIONS This survey of state laws is a quick reference guide that should only be used as a starting point in researching the applicable law to a given
Introduction To U.S. Trademark Law 1 This article will introduce the reader to some of the basic concepts of U.S. trademark law. While it is not intended to substitute as legal advice or a comprehensive
FAX-TO-EMAIL END-USER LICENSE AGREEMENT This Agreement, which governs the terms and conditions of your use of the Fax-to-Email Services, is between you ("you" or "End-User") and ( we, us, our or Company
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GELT FINANCIAL CORPORATION CIVIL ACTION NO. 09-4362 v. PERFORMANCE INSURANCE COMPANY OF NEW JERSEY and COSTELLO & ASSOCIATES
Case 9:07-cv-80145-KLR Document 31 Entered on FLSD Docket 08/23/07 15:07:43 Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-80145 CIV-RYSKAMP/JOHNSON LYDIA SECURITY MONITORING,
Case 2:14-cv-01941-ILRL-MBN Document 16 Filed 02/25/15 Page 1 of 16 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA AUTOMOTIVE EXPERTS, LLC CIVIL ACTION VERSUS NO. 14-1941 ST. CHARLES PONTIAC
Case 2:12-cv-02695-JTM-DEK Document 12 Filed 05/19/14 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA EMR, INC. CIVIL ACTION VERSUS NO: 12 2695 DOUGHERTY SPRAGUE ENVIRONMENTAL, INC.
CASE 0:12-cv-02397-RHK-TNL Document 1 Filed 09/14/12 Page 1 of 13 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA QUALITY BICYCLE PRODUCTS, INC. v. Plaintiff, BIKEBARON, LLC SINCLAIR IMPORTS, LLC and
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ACQIS LLC, Plaintiff, COMPLAINT FOR PATENT INFRINGEMENT v. INTERNATIONAL BUSINESS MACHINES CORP., Case No. 6:11-CV-546 Jury Trial Demanded
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ARISTA RECORDS, LLC, a Delaware limited liability company; ATLANTIC RECORDING CORPORATION, a Delaware corporation; BMG MUSIC,
But Your Honor, I Didn t Possess Those Pictures; My Computer Did. Temporary Internet Files, Web Browser Cache Files, and Child Pornography By Priscilla M. Grantham Gone are the days when a computer was
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00647-CV ACCELERATED WEALTH, LLC and Accelerated Wealth Group, LLC, Appellants v. LEAD GENERATION AND MARKETING, LLC, Appellee From
Case 1:10-cv-10229-RGS Document 31 Filed 08/27/10 Page 1 of 12 STEARNS, D.J. UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 10-10229-RGS BROADVOICE, INC., FRANK GANGI, and LESLIE
REMY INC., UNIT PARTS COMPANY, and WORLDWIDE AUTOMOTIVE, LLC, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Plaintiffs, v. C. A. No. 06-785-GMS/MPT CIF LICENSING, LLC D/B/A GE LICENSING,
Affirmed and Opinion filed October 26, 2000. In The Fourteenth Court of Appeals NO. 14-00-00122-CV VARIETY CHILDREN S HOSPITAL, INC. d/b/a Miami Children s Hospital, Appellant V. THE ESTATE OF MEGAN ASHLEY
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, et al., v. Plaintiffs, HSBC NORTH AMERICA HOLDINGS INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil
MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res
[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 03-11688 D. C. Docket No. 99-01319-CV-S-N FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT February 5, 2004 THOMAS K. KAHN CLERK
IN THE SUPREME COURT OF FLORIDA CASE NO.: SC09-272 INTERNET SOLUTIONS CORPORATION, APPELLANT, vs. TABATHA MARSHALL, APPELLEE. ON QUESTION CERTIFIED BY THE UNITED STATES COURT OF APPEALS, ELEVENTH CIRCUIT,
MEMORANDUM DATE: August 26, 2008 RE: Express Consent Requirement for Delivery of Recorded Messages The following sets forth the individual state and federal requirements regarding express consent for the
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00398-CV Caroline BUSWELL, Appellant v. THE GWSPI COMPANY LLC as Successor in Interest to Wilmington Trust, NA, Trustee of the Jeffrey
Life Without Parole (JLWOP) February 2010 STATE LWOP Law JLWOP 1 ALABAMA YES 62 0 court Ala. Stat. 13A-6-2 ALASKA No LWOP parole always possible No -- -- - Max. age of 18 yrs. old Alaska Stat. 11.41.100
2:04-cv-72741-DPH-RSW Doc # 17 Filed 08/31/05 Pg 1 of 5 Pg ID 160 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. Plaintiff,
Goodridge v. Hewlett Packard Company Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARLES GOODRIDGE, Plaintiff, v. CIVIL ACTION H-07-4162 HEWLETT-PACKARD
cosmeticsurgerycounselling.com is owned and operated by Cosmeticsupport.com, operating as a private agency. This information archive and support site is therefore governed under the laws of UK, the EU.!
BROWN, Circuit Judge. COMPUSERVE, INC. v. PATTERSON United States Court of Appeals for the Sixth Circuit, 1996. 89 F.3d 1257. In a case that requires us to consider the scope of the federal courts jurisdictional
A Single Instant Message Can Land Your Company in a New York Court: The Deutsche Bank Case By Kenneth N. Rashbaum A new decision by New York s highest court may affect a plaintiff s ability to sue out-of-state
MEDICAL MALPRACTICE STATE STATUTORY REFERENCE GUIDE 41 MEDICAL MALPRACTICE STATE STATUTORY REFERENCE GUIDE The following references to statutes relevant to medical malpractice cases are intended exclusively
Video Voyeurism Laws Federal Law Video Voyeurism Prevention Act of 2004, 18 U.S.C.A. 1801. Jurisdiction limited to maritime and territorial jurisdiction, or federal property including but not limited to
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION GENERAL ELECTRIC COMPANY, Plaintiff, v. Civil Action No. MITSUBISHI HEAVY INDUSTRIES, LTD., MITSUBISHI HEAVY
DATA BREACH CHARTS (Current as of December 31, 2015) The charts below provide summary information about data breach notification statutes across the country. California adopted the first data breach notification
ACCEPTABLE USE POLICY OF BROADVOX, INC; BROADVOX, LLC; WWW.BROADVOX.COM; WWW.BROADVOX.NET (COLLECTIVELY BROADVOX ) 1. ACCEPTANCE OF TERMS THROUGH USE This website (the Site ) provides you (the Customer
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA OLYMPIC SPORTS DATA : SERVICES, LTD., : MISCELLANEOUS ACTION Plaintiff : : v. : NO. 07-117 : SANDY MASELLI, Jr., et al., : Defendants
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND NICOLE MARIE CRUZ, Plaintiff, v. C.A. No. 05-38S HARTFORD CASUALTY INSURANCE COMPANY, Defendant. DECISION AND ORDER WILLIAM E. SMITH, United
.scot Registration Policy Definitions This Registration Policy sets forth the terms and conditions, which govern.scot domain name registrations. In this Registration Policy: a. Registrant, "You" and "Your"
In the Technology-Driven, File Sharing Era, Copyright Protection Remains Alive and Well As a Tool to Combat Active Inducements to Infringe On June 27, 2005, the Supreme Court in Metro-Goldwyn-Mayer Studios
Case :0-cv-00-AG-MLG Document Filed 0//00 Page of 0 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EXPERIAN INFORMATION SOLUTIONS, INC., a corporation, v. Plaintiffs, LIFELOCK, INC.,
Case 2:07-cv-10945-SFC-MKM Document 132 Filed 05/27/2008 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DURA GLOBAL, TECHNOLOGIES, INC., et al., Plaintiffs, CIVIL
Exhibit B State-By-State Data Security Overview Michele A. Whitham Partner, Founding Co-Chair Security & Privacy Practice Group Foley Hoag LLP 155 Seaport Boulevard Boston, MA 02210 State Statute Citation
False Claims Act Regulations by State Under the False Claims Act, 31 U.S.C. 3729-3733, those who knowingly submit, or cause another person or entity to submit, false claims for payment of The purpose of
CLIENT MEMORANDUM FEDERAL CIRCUIT HOLDS THAT HEIGHTENED PLEADING REQUIREMENTS APPLY TO FALSE MARKING ACTIONS In a decision that will likely reduce the number of false marking cases, the Federal Circuit
A PRACTITIONER S GUIDE TO THE COMPUTER FRAUD AND ABUSE ACT: FINALLY, A CAUSE OF ACTION FOR ANYTHING WRONG (OVER $5000) By: Gregory C. Cook and Will Hill Tankersley, Jr. 1 Because of the immense explosion
Background The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.
Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE
Brought to you by Alamo Insurance Group Supreme Court Strikes Down DOMA, Clears Way for Same-Sex On June 26, 2013, the U.S. Supreme Court announced decisions in two significant cases regarding laws affecting
Opinion issued December 19, 2013. In The Court of Appeals For The First District of Texas NO. 01-12-00515-CV MICHAEL SKINNER, Appellant V. PAMELA SKINNER, Appellee On Appeal from the 257th District Court
TH CONGRESS ST SESSION S. ll To prevent online threats to economic creativity and theft of intellectual property, and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll Mr. LEAHY (for himself,
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). STATE OF MINNESOTA IN COURT OF APPEALS A08-0222 Karyn Larson Smith, Appellant, vs. Argosy
Case 2:13-cv-03323-LMA-DEK Document 13 Filed 08/23/13 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA EXPRESS LIEN INC. CIVIL ACTION VERSUS No. 13-3323 NATIONAL ASSOCIATION OF CREDIT
PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE: OFFENSES, EXCLUSIONS, AND UPDATES WISCONSIN DEFENSE COUNSEL S SPRING CONFERENCE The American Club, Kohler April 24-25, 2014 Heidi L. Vogt Lee Anne N.
Case 8:04-cv-00711-AW Document 68 Filed 03/06/07 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION BEYOND SYSTEMS, INC., * * Plaintiff * * v. * Civil Action
Fair Debt Collection Practices Act 1 The Fair Debt Collection Practices Act (FDCPA)(15 U.S.C. 1692 et seq.), which became effective March 20, 1978, was designed to eliminate abusive, deceptive, and unfair
Excuses, Excuses Copyright Carolyn E. Wright, Esq. www.photoattorney.com All Rights Reserved When someone infringes your copyright, the infringer usually offers some excuse to try to avoid liability. Many
FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. 1692 et.seq. Lori E. Brown firstname.lastname@example.org I. OVERVIEW OF THE FAIR DEBT COLLECTION PRACTICES ACT ( FDCPA ) A. Purpose of the FDCPA 1. The FDCPA is
Mary Ellen Morris Miller & Martin PLLC 1200 One Nashville Place 150 Fourth Avenue, North Nashville, Tennessee 37219-2433 Vehicle Black Boxes With every aviation accident involving an aircraft of sufficient
Defensive Strategies in False Marking Suits After Stauffer and Pequignot Contributed by Angie M. Hankins, Stroock & Stroock & Lavan LLP Many companies inadvertently mark their products with expired patents.
Case: 1:07-cv-03188-DCN Doc #: 30 Filed: 04/03/08 1 of 12. PageID #: 451 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JACK KANANIAN, Executor of Estate ) CASE NO. 1:07 CV 3188