Delfino v. Agilent Cert Petition

January 18, 2007 · by · in Derivative Liability

Delfino v. Agilent, No. H028993 (petition for certiorari to California Supreme Court filed January 17, 2007)

I previously blogged about Delfino v. Agilent, which held that 47 USC 230 insulated Agilent from liability for an employee’s use of its network to engage in tortious acts. As previously mentioned, the plaintiffs have appealed the case to the California Supreme Court. The petition for certiorari (warning: 2.2MB file). The odds against the court taking the case may be long; as far as I can remember, the California Supreme Court has taken only three Internet cases (Intel v. Hamidi, Barrett v. Rosenthal and Grace v. eBay–the latter of which they resolved without an opinion). In particular, given the recent pronouncement on 47 USC 230 in the Barrett case, I could see the court deciding to take a longer breather between revisiting that statute. But let’s see what happens.

Separate 47 USC 230 topic: I’ve weighed in on the newest lawsuit against MySpace for facilitating sexual assaults at Concurring Opinions (where I am guest-blogging this month).