Fourth Circuit: Email, ECF, and Domain Name Woes do not Excuse Failure to Respond to Summary Judgment Motion — Robinson v. Wix Filtration

[Post by Venkat] Robinson v. Wix Filtration Corp. LLC, 4th Cir. (Mar. 26, 2010) [scribd] The Fourth Circuit recently held that the district court properly granted summary judgment in favor of a defendant, and rejected plaintiff’s argument that counsel’s failure…

N.D. Cal Rejects Preemption and Standing Defenses Against Claims Under CA Spam Statute — Asis Internet Servs. v. Subscriberbase Inc.

[Post by Venkat] Asis Internet Services v. Subscriberbase Inc., (N.D. Cal.) Case No. 09-3505 SC; April 1, 2010 [scribd] Judge Conti (in the Northern District of California) issued a potentially significant decision last week that keeps the door open for…

Facebook Privacy Class Action Filed by Lanier Firm Voluntarily Dismissed — Melkonian v. Facebook

[Post by Venkat] Melkonian v. Facebook, Orange County Superior Court Case No. 30-2009-00293755-CU-BT-CJC [complaint] In August of last year, prominent plaintiffs’ lawyer Mark Lanier filed a privacy lawsuit against Facebook on behalf of a group of plaintiffs. [WSJ Law blog]…

Another Court Finds that TCPA Applies to Text Messages — Lozano v. Twentieth Century Fox Film Corp.

[Post by Venkat] Lozano v. Twentieth Century Fox Film Corp., Case No. Civ. 09-cv-6344 (N.D. Ill) [scribd] A court in Illinois rejected a motion to dismiss filed by defendants in a class action brought on behalf of plaintiffs who received…

Craigslist Wins $1.3M Default Judgment Against Autoposting Facilitator — craigslist v. Naturemarket

[Post by Venkat] craigslist, Inc. v. Naturemarket, Inc., Case No. C 08-05065 PJH (MEJ) (N.D. Cal. March 5, 2010) [scribd] (report and recommendation adopted on February 5, 2010) Craigslist obtained a 1.3 million dollar default judgment against defendants Naturemarket, Inc….

Plaintiff Wins $7,000 Following Bench Trial on Claims Under California Anti-Spam Statute — Balsam v. Trancos

[Post by Venkat] Balsam v. Trancos, Inc., Cal Sup. Ct. Case No. (Civ.) 471791; March 10, 2010 [scribd] Although spam lawsuits have not gone particularly well for individual (non-ISP) plaintiffs, Dan Balsam recently took a case to trial in San…

Beacon Class Action Settlement Approved — Lane v. Facebook

[Post by Venkat] Lane v. Facebook (Case No. 09-3845 RS; March 17, 2010) [scribd link] Judge Seeborg yesterday issued an order approving the class settlement in Lane v. Facebook, the class action lawsuit arising out of Facebook’s Beacon program. Background:…

Eighth Circuit: No Derivative Liability Under Iowa Spam Statute — Kramer v. Bartok

[Post by Venkat] Kramer v. Bartok, Case No. 08-3841 (8th Cir. Feb. 19, 2010) (scribd link). The Eighth Circuit recently reversed an award of $236 million in damages against a spam defendant based on a theory of secondary liability. The…

Ninth Circuit: Creditor Can Execute Against Domain Name Where Registry is Located — Office Depot v. Zuccarini

[Post by Venkat] The Ninth Circuit affirmed the district court’s ruling in Office Depot v. Zuccarini [Scribd link], agreeing that a creditor may levy against a domain name in the jurisdiction where the domain name registry is located. The decision…

Court Finds that SMS Spam Messages are Subject to the TCPA and Rejects First Amendment Defense — Abbas v. Selling Source, LLC

[Post by Venkat] Abbas v. Selling Source, LLC, Case no. 09 CV 3413 (N.D. Ill.; Dec. 14, 2009). I didn’t think there was much dispute as to whether SMS spam falls under the Telephone Consumer Protection Act, but Judge Gottschall’s…