Noeleen G. Walder reports: A plaintiff must give a defendant access to private postings from two social networking sites that could contradict claims she made in a personal injury action, a Suffolk County, N.Y., judge has ruled. Acting Supreme Court Justice Jeffrey Arlen Spinner (See Profile) held that precluding defendant Steelcase Inc. from accessing Kathleen…
Category: Court
Michigan Court Unwilling to Apply Website Terms of Use If Terms Were Not Presented In Unavoidable Way To Purchasers
Leota Bates writes: In Caldwell v. Cheapcaribbean.com, No. 2:09-cv-13828, 2010 WL 3603778 (E.D. Mich. Sept. 8, 2010), the District Court for the Eastern District of Michigan denied Defendant Cheapcaribbean.com, Inc.’s (“CheapCaribbean”) motions to dismiss, finding that the internet travel site was subject to limited personal jurisdiction in Michigan and that the forum selection clause included in the website’s…
When Obama said he’d end DADT, he didn’t mean NOW, silly goose!
Jerry Markon reports: The Obama administration objected Thursday to immediately ending the military’s ban on openly gay service members, saying that an injunction to stop the “don’t ask, don’t tell” policy might harm military readiness in a time of war. In a filing with a federal court in California, the Justice Department said that a judge…
Lack of knowledge of interception causes ECPA claims against website owners to fail
Evan Brown writes: Zinna v. Cook, No. 06-1733, 2010 WL 3604386 (D. Colo. September 7, 2010) Plaintiff sued for violation of the Electronic Communications Privacy Act (ECPA) claiming that defendants intercepted his email messages and posted them to a website called ColoradoWackoExposed.com. Defendants moved for summary judgment. The court granted the motion. Read Evan’s commentary…