§Why CasetextPricing

Beyond Systems, Inc. v. Kraft Foods, Inc. et al

RESPONSE in Opposition re MOTION to Strike 249 Answer to Counterclaim, 250 Answer to Counterclaim [Affirmative Defense of CDA Immunity] MOTION for More Definite Statement MOTION to Strike 249 Answer to Counterclaim, 250 Answer to Counterclaim [Affirmative Defense of CDA Immunity] MOTION to Strike 249 Answer to Counterclaim, 250 Answer to Counterclaim [Affirmative Defense of CDA Immunity] MOTION to Strike 249 Answer to Counterclaim, 250 Answer to Counterclaim [Affirmative Defense of CDA Immunity] and Cross Motion for Summary Judgment

23 Cited authorities

  1. Nemet Chevrolet v. Consumeraffairs.com, Inc.

    591 F.3d 250 (4th Cir. 2009)   Cited 3,191 times   3 Legal Analyses
    Holding that a website did not contribute to alleged illegality

  2. Nader v. Blair

    549 F.3d 953 (4th Cir. 2008)   Cited 334 times
    Holding discovery prior to summary judgment was not necessary when the discovery sought was on factual issues "not at issue in the motion for summary judgment"

  3. Batzel v. Smith

    333 F.3d 1018 (9th Cir. 2003)   Cited 365 times   17 Legal Analyses
    Holding that the denial of an anti-SLAPP motion is appealable under § 1291

  4. Zeran v. America Online

    129 F.3d 327 (4th Cir. 1997)   Cited 337 times   20 Legal Analyses
    Holding CDA immunity applied even though “AOL unreasonably delayed in removing defamatory messages posted by an unidentified third party, refused to post retractions of those messages, and failed to screen for similar postings thereafter”

  5. Sedlack v. Braswell Services Group, Inc.

    134 F.3d 219 (4th Cir. 1998)   Cited 259 times
    Holding a violation of ERISA notice provision does not entitle claimant to substantive remedy absent a showing that the outcome would have been different

  6. Carafano v. Metrosplash.com, Inc.

    339 F.3d 1119 (9th Cir. 2003)   Cited 213 times   9 Legal Analyses
    Holding that a dating site could not "be considered an 'information content provider' under the [CDA] because no profile has any content until a user actively creates it"

  7. Parker v. Google, Inc.

    422 F. Supp. 2d 492 (E.D. Pa. 2006)   Cited 47 times
    Holding that "there is no doubt that Google [another internet search engine] qualifies as an 'interactive computer service'"

  8. Optinrealbig. Com v. Ironport Systems, Inc.

    323 F. Supp. 2d 1037 (N.D. Cal. 2004)   Cited 34 times
    Finding that anti-spam website, that collected and reported complaints of excessive spam to internet service providers was entitled to Section 230 immunity

  9. Haupt v. State

    340 Md. 462 (Md. 1995)   Cited 43 times
    Stating that a claim for contribution "does not accrue until judgment has been entered against the party seeking ... contribution"

  10. National Credit Union Admin. v. First Union Capital Markets Corp.

    189 F.R.D. 158 (D. Md. 1999)   Cited 28 times
    Noting that allowing a receiver to succeed to causes of actions but not to defenses "would sanction an imbalance not mandated by the remedial legislation on the financial institutions and the crisis from which the legislation arose"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,322 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,026 times   148 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  15. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,064 times   169 Legal Analyses
    Preempting state law

  16. Section 17529.5 - Unlawful advertising in commercial email advertisement

    Cal. Bus. & Prof. Code § 17529.5   Cited 97 times   5 Legal Analyses
    Listing three "circumstances" under which it is "illegal for any person or entity to advertise in a commercial e-mail"

  17. Section 230 - Repealed

    42 U.S.C. § 230   Cited 18 times   1 Legal Analyses

    42 U.S.C. § 230 Apr. 27, 1956, ch. 211, §5(e), 70 Stat. 117 Section, act July 1, 1944, ch. 373, title VII, §706, formerly title VI, §606, 58 Stat. 713; renumbered title VII, §706, Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; amended Feb. 28, 1948, ch. 83, §9(a), 62 Stat. 47; Oct. 12, 1949, ch. 681, title V, §521(g), 63 Stat. 835, provided for computation of retired pay. See section 212 of this title.