Former Employee’s ‘Email Barrage’ Does Not Support CAN-SPAM or Computer Fraud and Abuse Act Claims — Nyack Hosp. v. Moran

[Post by Venkat] Nyack Hosp. v. Moran, 08 Civ. 11112 (SCR)(PED) (S.D.N.Y.; Oct. 20, 2010) Moran was employed by Nyack Hospital. When the employment relationship ended he: sent [an unspecified number of] e-mails, including a 17-page attachment, to over “100…

Probation Limitations on Internet and Facebook Use Violate First Amendment — In re J.J.

[Post by Venkat] In re J.J., Case No. D055603 (Cal. Ct. App. Oct. 15, 2010) J.J. is a 15 year old who was found to have received a stolen motorcycle. He was adjudged a ward of the court and placed…

Sending Politically Charged Emails Does Not Support Disturbing the Peace Conviction — State v. Drahota

[Post by Venkat] State v. Drahota, 280 Neb. 627 (Sept. 24, 2010) [pdf] Background: Drahota was a student at the University of Nebraska who corresponded via email with his political science professor Avery. According to the opinion, they “shared a…

Class Action for Misleading Pop-up Ads Against McAfee Survives Motion to Dismiss — Ferrington v. McAfee

[Post by Venkat] Ferrington v. McAfee, Case No. 10-cv-01455-LHK (N.D. Cal. Oct. 5, 2010) There have been a few rulings involving class actions from customers alleging that an online merchant partnered with a third party who improperly piggybacked on to…

Two More Courts Close the Doors on Data Breach Plaintiffs

[Post by Venkat] There are a slew of cases that reject data breach claims brought by plaintiffs who have not suffered out of pocket losses. Recently, courts in Maine and Oregon joined the group of courts rejecting such claims. In…

Washington Anti-Online Gambling Law Survives Dormant Commerce Clause Challenge — Rousso v. State

[Post by Venkat, with brief comments from Eric] Rousso v. Washington, Case No. 8040-1 (Wash. S.Ct. Sept. 23, 2010) Professor Goldman blogged recently about a case from the Washington state Supreme Court interpreting the state’s online gambling laws: “P2P Gambling…

New York Court Dismisses Putative Class Action Brought Under California Spam Statute — Bank v. Hydra Group, LLC

[Post by Venkat] Bank v.Hydra Group LLC, 10-CV-1770 (JG) (E.D.N.Y. Sept. 24, 2010) Todd Bank brought a putative spam class action against Hydra Group. The court dismissed the lawsuit for lack of subject matter jurisdiction. Bank alleged that he received…

Availability of Client Data on LinkedIn, Facebook, and Google Sinks Trade Secrets Claim — Sasqua Group v. Courtney

[Post by Venkat with a brief comment from Eric] Sasqua Group, Inc. v. Courtney, 2010 WL 3613855 (E.D.N.Y. Aug. 2, 2010) Background: Sasqua Group and its principal (Tors) ran a executive search consulting firm for professionals in the financial services…

Reunion.com Back to District Court — Hoang et al v. Reunion.com Inc

[Post by Venkat] Hoang et al v. Reunion.com Inc., Case No. 08-cv-03518-MMC (N.D. Cal.) Reunion.com is a spam case that’s generated some blog fodder, to say the least: “CAN-Spam-a-Friend?–Hoang v. Reunion.com,” “Reunion.com Revisited,” and “Reunion.com Revisited Again: Claims Under CA…

Fifth Circuit Blesses Vistaprint’s Rewards Program Sign-Up Process — Bott v. Vistaprint USA Inc.

[Post by Venkat] Bott v. Vistaprint USA Inc., No. 09-20648 (5th Cir.; Aug. 23, 2010). I recently blogged about an online rewards program class action which survived a motion to dismiss. (In re: Easysaver Rewards Litigation: “Internet Rewards Program Class…