Online Kevorkian’s First Amendment Challenge to Assisted Suicide Convictions Unsuccessful -– State v. Melchert-Dinkel
[Post by Venkat Balasubramani, with comments from Eric] State v. Melchert-Dinkel, A11-0987 (Minn. Ct. App.; July 17, 2012) The State of Minnesota prosecuted a Minnesota nurse for engaging in Internet conversations with people who were contemplating suicide. The individuals who…
4th Circuit Limits the Reach of the Computer Fraud and Abuse Act – WEC Carolina Energy Solutions v. Miller
[Post by Venkat Balasubramani, with comments from Eric] WEC Carolina Energy Solutions LLC v. Miller, et al., 2012 WL 3039213 (4th Cir.; July 26, 2012) We’ve blogged about the Computer Fraud and Abuse Act being stretched by plaintiffs in civil…
Franchisor Isn’t Liable Under the TCPA for Franchisees’ Text Message Campaign – Thomas v. Taco Bell
[Post by Venkat Balasubramani with comments from Eric] Thomas v. Taco Bell Corp., SACV 09-01097-CJC(ANx) (C.D. Cal.; June 25, 2012) Thomas allegedly received unauthorized text messages as part of an advertising campaign for Taco Bell’s Nachos BellGrande (“[a] large platter…
Ex-Spouse Hit With 20K in Damages for Email Eavesdropping – Klumb v. Goan
[Post by Venkat Balasubramani] Klumb v. Goan, 09-cv-115 (E.D. Tenn.; July 19, 2012) Klumb, described by the court as “a wealthy man,” met and married Crystal Goan, a law student who later became a lawyer. As the court describes it,…
Judge Koh Puts the Kibosh on LinkedIn Referral ID Class Action — Low v. LinkedIn
[Post by Venkat Balasubramani] Low v. LinkedIn, 11-CV-01468-LHK (N.D. Cal.; July 12, 2012) This case involves the fact that LinkedIn put users’ unique identifiers into its URLs, allowing advertisers (and others) to associate that unique identifier with users–and, potentially, access…
Court Dismisses Data Breach Claims Against Countrywide – Holmes v. Countrywide
[Post by Venkat Balasubramani] Holmes v. Countrywide Financial Corp., et al., 08-CV-00205-R (W.D. Ky.; July 12, 2012) In August 2008, a Countrywide employee engaged in a scheme to steal confidential customer information from Countrywide. An investigation found that the employee…
No Negligence Claim for Infringement via Shared Internet Connection (Preempted by Copyright Act) – Liberty Media v. Tabora
[Post by Venkat Balasubramani] Liberty Media Holdings, LLC v. Tabora & Whetstone, 12 Civ. 2234 (LAK) (S.D.N.Y.; July 9, 2012) A question that was floating around in the blogosphere was whether you can be sued for maintaining an open wi-fi…
Court Orders Production of Five Years’ Worth of Facebook and MySpace Posts – Thompson v. Autoliv
[Post by Venkat Balasubramani] Thompson v. Autoliv ASP, Inc., et al., 09-cv-01375-PMP-VCF (D. Nev.; June 20, 2012) Another discovery dispute over social networking evidence. Thompson was involved in an automobile accident and suffered serious injuries. She asserted that she suffered…
Confirmatory Opt-Out Text Message Doesn’t Violate TCPA – Ibey v. Taco Bell
[Post by Venkat Balasubramani] Ibey v. Taco Bell Corp., 12 CV 0583 (HVG) (S.D. Cal.; June 18, 2012) Plaintiff responded to an invitation to complete a survey about Taco Bell and “voluntarily sent a text message . . . to…
Men’s Journal Beats Lawsuit Alleging Violation of California’s “Shine the Light” Privacy Statute — Boorstein v. Men’s Journal
[Post by Venkat Balasubramani with comments from Eric] Boorstein v. Men’s Journal LLC, 12-771 DSF (Ex) (C.D. Cal.; June 14, 2012) California’s Shine the Light (STL) statute is a little unusual in that it mandates that businesses make specific disclosures…