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23 Nov, 2005 10:52 am
A recent Seventh Circuit opinion (Jane Doe v. Jason Smith) criticized the use of anonymous
party names, focusing on a plaintiff who was a minor at the time that she suffered the tort alleged in her complaint. For details and discussion, click here.
25 Aug, 2007 10:41 am
... (Others that come to mind include Carafano, Anthony, Landry-Bell, Barnes and Doe v. Myspace) The court broadly construes 47 USC 230
to absolve the website of ... structured data issue, the court says "the mere fact SexSearch provided the questionnaire Jane Doe
answered falsely is not enough to consider SexSearch the developer of the false profile"), ... harm occurred offline--as the court says, "Plaintiff clearly had the ability to confirm
Jane Roe's age when he met with her in person, before they had ...
30 Dec, 2008 9:53 am
... website on 14 counts, which the court summarizes as claims that "(a) Defendants failed to discover Jane Roe lied about her age to join the
website, or (b) the contract terms are unconscionable." ... reason articulated by the district court judge: "Plaintiff clearly had the ability to confirm Jane Roe's age when he met with her in person, before they had ... district court's rationale. I noticed that the court also doesn't mention Doe
v. MySpace, the recent Fifth Circuit 230 opinion also involving online ...
11 Dec, 2008 2:48 am
... of Missouri Western District (Fed Ct) April 1, 2008 JANE DOE I, ET AL., RESPONDENTS v.
THOMAS PHILLIPS, ET AL., DEFENDANT, JAMES KEATHLEY, ... be subject to misunderstanding and confusion by those against whom it is directed." City of Bridgeton v. City of St. Louis, 18 S.W.3d 107, 115 (Mo. ... by which the plaintiffs could be identified. The Superintendent's belief that the phrase "identifying
information" does not include the names of the plaintiffs simply strains credibility. We are unable to imagine ...
30 Dec, 2008 7:35 am
... U.S. Court of Appeals for the Sixth Circuit has today issued its ruling in John Doe v. SexSearch.com: The opinion begins:
Pseudonymous plaintiff John Doe appeals the dismissal of his complaint against defendant, SexSearch.com ("SexSearch"), an online adult dating service that facilitates sexual
encounters between its members. Doe used SexSearch to meet Jane Roe, who described herself as an eighteen-year-old female. The two met
and had sexual relations. Roe, it ...
28 Aug 9:21 am
... on Tuesday, October 13. Erica is a graduate of Stanford Law School. Check the McDaniel v. Brown (08-559) SCOTUSwiki page throughout the
summer for additional updates. At the heart ... child rapist a new trial. Background In 1994, a nine-year-old girl, "Jane Doe," was
brutally raped in her home while her mother was at a local bar. ... prosecution told the jury that Brown's DNA matched the DNA found in the semen in Jane's underwear. According to the expert, only one in three million people in the United ...
17 Aug, 2007 9:08 am
... , Plaintiff alleges that Defendant Labarbera obtained Merle Norman cosmetics from a studio owner ("Jane Doe") and then resold the
products via Ebay over the Internet. At the preliminary injunction ... no construction of the factual allegations will support the cause of action." Marshall Cty. Bd. of Educ.
v. Marshall Cty. Gas Dist., 992 F.2d 1171, 1174 (11th ... her right to sell products lawfully acquired in the stream of commerce. [fn3] Allison
v. Vintage Sports Plaques, 136 F.3d 1443, 1447-48 (11th ...
19 Apr, 2007 4:47 pm
... 'never necessary to preserve the health of women.'" Id. at 938. Nowhere in the majority opinion does the Court address the reason for this
inversion of the Salerno standard, requiring the state to show that the statute ... Cir. 1997), cert. denied, 523 U.S. 1036 (1998); Jane L.
v. Bangerter, 102 F.3d 1112, 1116 (10th Cir. 1996 ... 2003 WL 21383721 (D.Del. 2003). The analysis employed by the majority in Gonzales
v. Carhart clearly evidences rejection of the "obstacle to one woman" test, but the majority ...
18 Mar, 2008 1:37 pm
... . Plaintiff: Jan E Kruska Defendant: Perverted Justice Foundation Incorporated.Org, Xavier Von Erck, Christopher Brocious, Barabara W Ochoa, Filmax Inc., April Butler, David M
Butler, GoDaddy.com, Bob Parsons, MySpace.com, Jane Does, John Does, Limited Liability Companies and Black and White Partnerships Case Number: 2:2008cv00054 Filed: January 10, 2008 Court: Arizona District Court Office:
Phoenix Division Office [ Court Info ] County ...
6 Oct 10:18 am
The Montana Supreme Court has issued an Opinion in the following matter: DA 08-0404, 2009 MT 323, MICHAEL J. FASBENDER, JOHN W. HERRIN, and JOHN and JANE DOES 1-25, Plaintiffs and Appellants, v. LEWIS AND CLARK COUNTY BOARD
OF COUNTY COMMISSIONERS, DEPUTY COUNTY ATTORNEY, PAUL STAHL, and CHIEF ADMINISTRATIVE OFFICER, RON ALLES, Defendants and Appellees.
1 Sep 10:49 pm
... s funny how these non-experts think they know everything. SALTZ: Jane -- Jane? CARDOZA: But we
still get problems -- we still get ... because he was actually caretaker for it for a while. Not getting much information about it yet, Jane,
just that they`re testing it. It`s not clear at this point whether this is an animal ... system the fact that this woman was vulnerable and that she deserved, and any human
does, man or woman, to be informed when her perpetrator is released. VELEZ-MITCHELL: Michael Cardoza ...
16 Feb, 2007 4:15 pm
... until some future event occurs, the gift isn't final; if that event does not occur, then the donor has the right to get the gift back. In
real life, ... in contemplation of marriage: "Once it is established the ring is an engagement ring, it is a conditional gift." Heiman v.
Parrish, 942 P.2d 631, 633 (Kan. 1997). However, the Supreme Court ... lent her a significant amount of money, including $5,000 to buy a saloon. Sara Jane then disappeared. The next time she was heard from, she had indeed used the ...
30 Jun 7:04 am
... Circuit joined the Second, Fourth, and Ninth Circuits in holding that the ne exeat clause does not constitute a right of custody; by
contrast, the Eleventh Circuit and the majority of foreign ... Circuit's decision on the issue in Croll v. Croll; she would also have held that
the ne exeat clause does confer a right of custody. We filed the ... Litigation Class at Harvard Law School - Andrew Corkhill, Eric Nguyen, and
Jane Wang. In Jerman, the Court will consider whether a debt collector's legal error ...
23 Sep, 2007 4:43 pm
... fi/fantasy novels recommended by TC. Supposedly, that in forming this book club to discuss the novels of Jane Austen and emotionally
support each other through various hellish states, ... that could be said to resemble one in any of Austen's novels. Perhaps the book does a
better job of this. Perhaps I'm missing something. Do they think of Austen's ... by George R.R. Martin; "A Way in the World" by V.S. Naipaul;
and re-reading "Mansfield Park" by Jane Austen. I usually have a book for the train, one for ...
14 Feb, 2008 11:33 pm
... instant apology: "It was a slip and obviously she apologizes, and so do we. We would do nothing to offend the audience." But it wasn't a slip, and by what authority does Vieira apologize on behalf of Fonda? Let her apologize for NBC, but recognize that Jane Fonda has a mind, the
mind of a media genius - a media whore. (I think that's a fair expression.) She did what she wanted to do: Sit there on the couch, looking ...
9 Oct, 2004 3:46 pm
... , however, the defendant may continue to press his venue challenge at trial. [n.3] The Superseding Indictment does not allege any
particular scope for the conspiracy beyond the quantity allegations. Presumably the defendant knows what the ... argument as to whether a particular fact that enhances the guideline
offense level is an element, a sentencing factor, or Mary Jane, is irrelevant, as we are dealing at worst with functional equivalents of
elements of aggravated offenses as we go up the offense ...
13 Mar, 2008 7:29 pm
... the New Jersey Domestic Partnership Act allows a court to follow the same principles of asset distribution when terminating a domestic partnership as it does when granting a divorce to a married couple." Contrary to Hyland's press release, on January 15, 2008, Gloucester County ... I tried to be careful about
not calling anything equitable distribution …" The case involved the termination of domestic partners Jane F. Hind and Hyland's client, Sharon
Miken. Judge Tomasello simply returned Ms. Miken's ...
23 Jun 9:17 am
... Michelin decision to summarily cast aside any Charter defences to copyright infringement. I'm talking about the decision in Canwest Mediaworks Publications v. Horizon Publications, 2008 BCSC 1609, and I am surprised that it drew so little public attention. In this case ... , Copyright Law ( Toronto: Irwin Law,
2000) at 195). Similar sentiments have been expressed by David Fewer, Jane Bailey and Karen Lowe. I respectfully agree. Copyright law is
necessary to facilitate a business model that is widely ...
10 Dec, 2006 5:10 pm
... , on multiple occasions, delayed the effective date of the pedigree requirements to address the concerns of interested parties. Interestingly, Jane Axelrod, Associate Director for Policy in the Center for Drug Evaluation and Research, stated, "[W]e really ... that could provide a rational basis for
the law." Moreover, the Defendants argued that this standard is highly deferential and "does not pass judgment upon the wisdom, fairness or
logic of legislative decisions; it turns on whether there were ...
11 Sep, 2007 11:00 am
/**/ [Carlson v. Sweeney, Dabagia, Donoghue, Thorne, Janes & Pagos, 868 N.E.2d 4 (Ind. Ct. App. 2007)] The court held that a power
to invade for the beneficiaries' "medical care, comfortable maintenance ... whether the trial court improperly considered the opinion of an attorney hired by the Carlsons. The court
ruled that the adverse interest exception does not protect the Carlsons, the Carlsons are not precluded from bringing their suit at this time,
and that the Lawyers waived ...
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