It May be Best to Shut Down Your Facebook Account While You are on Probation — State v. Altajir
[Post by Venkat] State v. Altajir, AC 31375 (Conn. Ct. App. Sept. 14, 2010) Defendant (Altajir) was involved in an accident in 2004, and pleaded no contest to one count of operating a motor vehicle while under the influence and…
Message Board Operator Fights Discovery Order Requiring Disclosure of Identities and Private Messages — Concerned Citizens for Crystal City v. City of Crystal City
[Post by Venkat] Concerned Citizens for Crystal City, et al. v. City of Crystal City, et al., No. ED 94135 (Mo. Ct. App.; Oct. 26, 2010) In 1991, Pittsburgh Plate and Glass Company shut down a factory in Crystal City…
Court Orders Disclosure of Facebook and MySpace Passwords in Personal Injury Case — McMillen v. Hummingbird Speedway
[Post by Venkat] McMillen v. Hummingbird Speedway, Inc., et al., Case No. 113-2010 CD (Pa. Ct. of Common Pleas) (Sept. 9, 2010) There have been several recent cases dealing with discovery of social networking evidence in a civil dispute. A…
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…