Tricome v. Ebay, Inc., 2009 WL 3365873 (E.D. Pa. October 19, 2009) Everyone who signs up to use eBay has to assent to the terms of eBay’s User Agreement. Among other things, the User Agreement contains a forum selection clause that states all disputes between the user and eBay must be brought to court in [...]
Archive for October, 2009
Web photos inadmissible as evidence in case against deer hunter
October 16th, 2009
2 Comments
State v. Ness, — N.W.2d —-, 2009 WL 3296676 (N.D. Oct. 15, 2009) Another day, another state supreme court decision about whether web-found evidence is admissible. Yesterday our discussion was about a MySpace posting in a murder trial. (The evidence in that case was admissible.) Today it’s about pictures from the Internet in a case [...]
MySpace posting was not improper character evidence at murder trial
October 15th, 2009
3 Comments
Clark v. State, No. 43S00-0810-CR-575 (Ind. October 15, 2009). [Download the opinion] Defendant Clark killed his girlfriend’s two-year-old daughter. At his murder trial, the prosecution introduced the following post Clark had made to his MySpace page: Society labels me as an outlaw and criminal and sees more and more everyday how many of the people, [...]
Web host did not breach contract by terminating rude customer
October 11th, 2009
7 Comments
Mehmet v. Add2net, Inc., — N.Y.S.2d —-, 2009 WL 3199876 (N.Y.A.D. 1 Dept. October 8, 2009) Plaintiff website operator didn’t pay his monthly hosting fees on time. He called the hosting company and said he’d be sending a check, but in the meantime the web host exercised its right under the hosting agreement to suspend [...]
Group sex photos case heads to trial
October 7th, 2009
4 Comments
Peterson v. Moldofsky, No. 07-2603, 2009 WL 3126229 (D.Kan. September 29, 2009) Defendant took pictures of his ex-girlfriend “engaged in various sex acts with two other people.” Later he emailed some of the photos to his ex-girlfriend’s mother, ex-husband, ex-in laws, boss and co-workers. The ex-girlfriend sued for intentional infliction of emotional distress and invasion [...]
