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21 Jan 6:00 am
In Ramkissoon v. AOL LLC, ___ F.3d ___ (9th Cir. Jan. 16, 2009), the Ninth Circuit refused to enforce
a contract provision selecting Virginia state courts as the forum for all claims against AOL. California's interest in enforcing its broad
consumer protection statutes outweighed any interest of Virginia. Virginia has no procedure for consumer class actions; by contrast, the CLRA expressly prohibits waiver of the rights
conferred. Civ. Code §1781. Hence, the majority ...
26 Jan 3:49 am
... "contained personal and sometimes embarrassing information about the members." Doe 1 v. AOL LLC,
___ F.3d ___ (9th Cir. January 16, 2009) ... be brought in Virginia state or federal courts. Id., at 690. The district court granted AOL's Rule
12( b)(3) motion holding that the forum selection clause ... notes the anomaly in the Ninth Circuit's belief that any ambiguity, being construed "against AOL as the drafter," would support its conclusion that the forum selection clause limited the appropriate fora ...
16 Jan 1:29 pm
... 1 v. AOL LLC, 2009 WL 103657 (9th Cir. Jan. 16, 2009) This is one of several lawsuits against
AOL over AOL's 2006 ... selection clause in its member agreement, arguing that the contract required
the lawsuit to be brought in Virginia. AOL has had a lot of success with its venue selection clause over the years, but ... and, in California,
is presumptively unenforceable. What isn't clear to me is what, if anything, AOL did to modify its member agreement's venue selection clause in
response to its Mendoza ...
10 Sep, 2008 12:30 pm
Breakman v. AOL LLC, 545 F. Supp. 2d 96 (D.C. 2008). Did AOL really think that its loyal members would sit by quietly ... material facts regarding pricing plans to its current and past members. Specifically,
AOL allegedly charged its loyal customers $23.90-$25.90 a month for essentially ... District of Columbia had jurisdiction over the action
pursuant to CAFA. Apparently unknown to AOL, CAFA has an exception to its removal provisions that expressly states that when "all of the claims
in the action ...
19 Sep, 2008 8:54 am
... Act § 43(a) unfair competition (15 U.S.C. § 1125) complaint against AOL at the Federal District Court in Los Angeles. Modavox licenses and
sells internet video and ... Radio trademark with the U.S. Patent & Trademark Office in 1999. Modavox alleges that AOL "willfully and
deliberately used and is using the Mark with notice of Palintiff's ownership of the ... cease and desist letter to AOL, but AOL has refused to stop using the trademark. The case is titled Modavox, Inc. v. AOL, LLC, CV 08-05914 SJO ...
2 Oct, 2006 1:30 pm
Juan Carlos Perez September 26, 2006 (IDG News Service) -- Three AOL LLC members have sued the
company over its controversial release of member search- ... things, privacy violation, false advertising and unjust enrichment. Two unnamed AOL members residing in California and Kasadore Ramkissoon, who lives in New York, filed ... Court for the Northern District of California. The lawsuit seeks
monetary relief for all affected AOL members in the U.S. whose search data was disclosed without consent from Jan ...
5 Dec, 2007 1:12 am
Google's Gmail Web-based e-mail client now makes AOL's AIM client available via a drop-down menu on the Gmail home page. By Grant Gross, IDG
News Service Google has integrated AOL's popular AIM instant-messaging service into its Gmail Web-based e-mail client, the company announced on
Tuesday. Gmail has had its own chat service since February 2006, but now Gmail users will be able to ...
25 Nov, 2007 9:13 pm
... 's somewhat rambling. In October, Altitude Capital Partners, masquerading as Saxon Innovations, LLC, sued 15 companies in the Eastern
District of Texas, including Nokia, LG, Research ... lawsuit is Software Rights Archive, LLC v. Google Inc. et al. (the other defendants are
Yahoo, IAC Search & Media, AOL, and Lycos). The case ... interest in Altitude Capital? They only disclosed that they were owned by "SRA,
LLC." Using multiple shells to hide the true parent seems to defeat the purpose of the local ...
17 Sep, 2007 5:34 am
... Barten-Bolender, a 45-year-old mother of three who lives in Dix Hills, N.Y., said that she was recently informed by AOL and Google, on the
same day, that the passwords had been changed on two e-mail accounts she was using, suggesting that ... was engaging in secret online correspondence. He found e-mail messages to a lover
in Australia that she had sent from a private AOL account on the family computer. Her lawyer then challenged the use of this evidence in court.
Ms. Gold-Bikin's client won the ...
16 Mar, 2008 3:06 am
... distaste for the site, some legal experts believed Juicy Campus could not be sued for gossip posted by its users. "Legally, Juicy Campus is fully, absolutely immune, no matter what
it runs on its site from users, just like AOL is not responsible for nasty comments in its AOL chat
rooms," said Michael Fertik, a graduate of Harvard Law School and the founder of reputationdefender.com, a service that helps clients remove defamatory material about themselves from
the Internet. But he added that the ...
13 Feb, 2008 11:43 pm
... this year, will be open and other companies are free to join, Yahoo said Tuesday at the Mobile World Congress in Barcelona. OneConnect draws information from social-networking sites
such as MySpace, instant-messaging services such as Yahoo Messenger or AOL Instant Messenger, and e-mail services including Yahoo Mail and
Google's Gmail to build a picture of the mood, location and activities of friends and colleagues. It also stores details of recent communications with address-book contacts, ...
24 Jul, 2008 3:32 am
... Web-based e-mail, however, provides a second generic source of e-mail. Anyone with an AOL, Yahoo, Gmail, Comcast or other common e-mail
account -- virtually everyone -- is ... would even want such a thing? I'd rather go to the source itself -- the ISP (AOL, Yahoo) -- with a
subpoena." There are two problems with this approach. The first is that the ISP may not have ... federal courts making such rulings include those in In re Subpoena Duces Tecum to
AOL LLC, No. 2008 WL 1956266 (E.D. Va. April 18, 2008 ...
30 Nov, 2008 9:05 pm
... blogs and social-networking sites and the like, the ultimate power to decide who has an opportunity to be heard, and what we may say, lies increasingly with Internet service
providers, search engines and other Internet companies like Google, Yahoo, AOL, Facebook and even eBay. The most powerful and protean of these
Internet gatekeepers is, of course, Google. With control of 63 percent of the world's Internet searches, as well as ownership of YouTube, Google has enormous influence over who can ...
7 Sep 12:53 am
... : One method feature in apparatus claim destroys validity: Rembrandt Data Technologies, LP v AOL LLC et al (Peter Zura's 271 Patent Blog) District Court N D ... veil and patent infringement does not meet Twombly/Iqbal pleading: SourceOne Global Partners
LLC v KGK Synergize, Inc (Chicago Intellectual Property Law Blog) US Patents - ... : No likelihood of confusion between HELIX trademarks:
RealNetworks, Inc v QSA Toolworks LLC (Seattle Trademark Lawyer) District Court N D Illinois enjoins trade mark use ...
26 Sep, 2006 3:27 pm
at David Maister's: Blawg Review #76 [via] Also: Class Action Suit Filed Over AOL's Search Data Leak cite as John Doe V. AOL, LLC
2 Mar, 2008 10:15 pm
... do as a young chief executive: take advice from others. He went to a Washington Capitals hockey game at Verizon Center as part of the MindShare program, which has been a local forum
for established technology entrepreneurs to help start-ups. Before the game, he listened to AOL vice chairman emeritus Ted Leonsis give a talk
on entrepreneurship. Hassan sat a few rows up, one of 40 people all hoping to be in charge of the next great technology company. Most of them were 10 or more years his senior.
24 May, 2008 8:48 am
In re Subpoena Duces Tecum to AOL, LLC, 2008 U.S. Dist. LEXIS 39349 (E.D. Va. Apr. 18, 2008)
Requestor State Farm Fire & Cas. Co. had issued a subpoena to producer AOL seeking e-mails relating to litigation in Mississippi. The
witnesses whose e-mails State Farm sought had provided information to the U.S. government alleging that [...]
18 Jun, 2008 10:38 pm
... and Internet-based e-mail may be the virtual world's equivalent of a Swiss bank account for personal information. In In re Subpoena Duces Tecum to AOL, LLC, the U.S. District Court for the Eastern District of Virginia considered a subpoena issued by lawyers for
State Farm to AOL, requesting copies of e-mails from the accounts of two non-party witnesses in litigation pending in a different jurisdiction.
The Virginia magistrate judge granted the ...
8 Apr 10:28 am
... score. Unfortunately, such an issue is not on the face of the judgment, making this a collateral attack. Five years is too late for a collateral attack. PRP of Rowland See above,
almost exactly the same issue. DIVISION II AOL, LLC v. Wash. State Dep't of Revenue AOL was assessed taxes for a period of a few years. It paid one month of those taxes and then amended its return for that month. It then tried to claim a
refund for that ...
31 Aug 1:16 pm
Rembrandt Data Technologies, LP v. AOL LLC et al., No. 08-cv-1009 (E.D. Va., August 2, 2009, order)
(B. Lee) Notorious NPE Rembrandt sued AOL and a host of other companies over patents relating to dial-up modem technology. At the summary
judgment phase, defendants moved the court to find that one of the claims was invalid under section 112 on the grounds that it is "fatally flawed" for mixing a method and apparatus ...
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