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Archive for the ‘State Courts’ Category

Maryland’s Highest Court Adopts Dendrite Standard for Unmasking Anonymous Forum Posters in Defamation Actions By Evan Kubota –- Edited by Miriam Weiler Independent Newspapers, Inc. v. Brodie Court of Appeals of Maryland, February 27, 2009, No. 63 Opinion On February 27th, the Court of Appeals of Maryland reversed a lower court’s order compelling discovery of the identities of five anonymous Internet forum posters in a defamation action. The court had granted certiorari on its own initiative.  While the court’s holding ... Read More...
Posted On Mar - 6 - 2009 Comments Off READ FULL POST
Kentucky Appeals Court Overturns Domain Name Seizure  By Anthony Kammer – Edited by Stephanie Weiner Vicsbingo.com v. Commonwealth of Kentucky, No 08-CI-01409 Court of Appeals Ruling (Hosted by EFF) Commonwealth of Kentucky v. 141 Internet Domain Names (original ruling)  On January 20, 2009, the Kentucky Court of Appeals overturned a lower court’s order to seize 141 Internet domain names that could potentially be used as illegal “gambling devices” within the state. The appeals court granted a stay back in November, but Tuesday’s ... Read More...
Posted On Jan - 25 - 2009 Comments Off READ FULL POST
Amazon’s Constitutional Challenge to NY Tax Law Dismissed By Andrew Ungberg – Edited by Sarah Sorscher Amazon.com LLC v. New York Dept. of Tax and Finance, No. 601247/08 New York State Supreme Court, First Judicial District, January 12th 2008 Order On January 12th, 2008, Judge Bransten dismissed Amazon’s lawsuit challenging a recently enacted New York State tax law.  The law requires certain sellers, who have no physical presence within the state, to collect sales tax if the seller has commissions-based ... Read More...
Posted On Jan - 19 - 2009 Comments Off READ FULL POST
Oregon State Appeals Court Finds Frozen Embryos ”Personal Property” in Divorce Proceeding  By Anna Lamut – Edited by Stephanie Weiner  Dahl v. Angle Or. Ct. App., October 8, 2008, A133697 Slip Opinion The Court of Appeals of the State of Oregon upheld the decision of the trial court to enforce a contract made between a now-divorced husband and wife regarding six frozen embryos resulting from the couple’s attempt to conceive in vitro. The contract provided that, in the event of a disagreement, the wife would have the right to decide what ... Read More...
Posted On Oct - 16 - 2008 Comments Off READ FULL POST
Virginia State Supreme Court Holds Anti-Spam Statute Unconstitutionally Overbroad By Jay Gill — Edited by Nicola Carah Jaynes v. Commonwealth of Virginia Supreme Court of Virginia, September 12, 2008, No. 062388 Slip Opinion The Supreme Court of Virginia overturned the conviction of prolific spammer Jeremy Jaynes, unanimously reversing not only the Virginia state court of appeals, but its own earlier holding in the case. In doing so, the court held that the Virginia anti-spam statute under which Jaynes was convicted ... Read More...
Posted On Sep - 18 - 2008 Comments Off READ FULL POST
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By Henry Thomas – Edited by Paulius Jurcys USA FREEDOM Act ...