Meier v. Midwest Recreational Clearninghouse, LLC, 2010 WL 2738921 (E.D. Cal. July 12, 2010) Plaintiffs live in California and bought an RV online from a vendor in Minnesota. The vendor’s website terms of service had a provision requiring that all disputes “arising out of or related to the use” of the website be brought in [...]
Archive for the ‘Litigation’ Category
Emails sent through Yahoo account using work computer protected under attorney-client privilege
March 31st, 2010
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The New Jersey supreme court has held that emails an employee sent to her lawyer using her company-issued computer and a personal Yahoo account are protected by the attorney-client privilege. Stengart v. Loving Care Agency, Inc., — A.2d —, 2010 WL 1189458 (N.J. March 30, 2010) The New Jersey courts have a reputation of being [...]
Kentucky Supreme Court: gambling domain names did not have standing
March 23rd, 2010
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Com. ex rel. Brown v. Interactive Media Entertainment and Gaming Ass’n, Inc., — S.W.3d —, 2010 WL 997104 (Ky. March 18, 2010) Back in 2008 the Commonwealth of Kentucky took an extraordinary step in its battle against online gambling. It filed an action in state court seeking to take over 141 domain names that the [...]
Wait just a second . . . isn’t online gambling illegal?
January 26th, 2010
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Wong v. Partygaming Ltd., — F.3d —, 2009 WL 4893955 (6th Cir. December 21, 2009) The Sixth Circuit’s recent opinion in the case of Wong v. Partygaming is interesting if you’re a civil procedure wonk and care about things like which law applies to determine the enforceability of forum selection clauses in website terms and [...]
Robbery conviction overturned because prosecutor played YouTube video during closing argument
November 4th, 2009
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Miller v. State, 2009 WL 3517627 (Ind. App. October 30, 2009) Appellant Miller and his dad robbed Wedge’s Liquor Store in Logansport, Indiana back in November 2007. During the robbery Miller pulled out a shotgun and pointed it at the clerk’s face. During closing argument at trial, the prosecutor showed the jury a video from [...]
Court upholds eBay forum selection clause
October 26th, 2009
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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 [...]
Record companies win $1.92 million in case against individual file sharer
June 18th, 2009
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There has only been one copyright infringement case filed against an individual accused of illegally sharing music files over the internet to actually go to trial. That’s the case of Capitol Records v. Jammie Thomas. In October 2007, a jury in the U.S. District Court for the District of Minnesota returned a verdict of $222,000 [...]
Domain name not tangible property that could satisfy judgment
June 16th, 2009
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Palacio del Mar Homeowners Assn., Inc. v. McMahon, — Cal.Rptr.3d —, 2009 WL 1668294 (Cal. App. 4 Dist. June 16, 2009) A California state court entered a $40,000 judgment against defendant McMahon in favor of plaintiff homeowners association. The homeowners association tried to collect the money from McMahon, seeking a “turnover” of property McMahon owned. [...]
Facebook message was not witness tampering
March 17th, 2009
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Maldonado v. Municipality of Barceloneta, 2009 WL 636016 (D. Puerto Rico March 11, 2009) Diaz was a defendant in a federal case in which Febus was a witness for the plaintiff. Diaz invited Febus to join a Facebook group, but Febus declined. Later Diaz sent a message through Facebook which, after translation, read as follows: [...]
