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Beyond Systems, Inc. v. Kraft Foods, Inc. et al
RESPONSE in Opposition re MOTION to Strike AFFIRMATIVE DEFENSES RELATED TO ISP STANDING MOTION Alternative Relief
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Cited Authorities
Cited Authorities
11
11
Cited authorities
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992)
Cited 27,751 times
138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Anderson v. Sara Lee
508 F.3d 181 (4th Cir. 2007)
Cited 568 times
3 Legal Analyses
Holding that the FLSA preempts state law claims that "depend on establishing that [the defendant] violated the FLSA"
Gordon v. Virtumundo
575 F.3d 1040 (9th Cir. 2009)
Cited 227 times
Holding that a plaintiff who merely provided e-mail accounts and hosted a website on leased server space did not have standing under CANSPAM
Wilmington Shipping v. New England Life Ins. Co.
496 F.3d 326 (4th Cir. 2007)
Cited 87 times
Holding that under § 502 relief must be sought on the plan's behalf
Kleffman v. Vonage Holdings Corp.
49 Cal.4th 334 (Cal. 2010)
Cited 62 times
Rejecting argument which "contravenes the principle that ‘when different words are used in contemporaneously enacted, adjoining subdivisions of a statute, the inference is compelling that a difference in meaning was intended’ "
Columbia Venture v. Dewberry
604 F.3d 824 (4th Cir. 2010)
Cited 38 times
Holding state law grounds must be decided before courts consider preemption
Omega World Travel v. Mummagraphics
469 F.3d 348 (4th Cir. 2006)
Cited 39 times
Granting summary judgment on section 7704 claim because one violation did not demonstrate a pattern or practice
Section 7701 - Congressional findings and policy
15 U.S.C. § 7701
Cited 183 times
8 Legal Analyses
Describing the Congressional findings and purpose of the Act
Section 17529.5 - Unlawful advertising in commercial email advertisement
Cal. Bus. & Prof. Code § 17529.5
Cited 94 times
4 Legal Analyses
Listing three "circumstances" under which it is "illegal for any person or entity to advertise in a commercial e-mail"
Section 7706 - Enforcement generally
15 U.S.C. § 7706
Cited 78 times
2 Legal Analyses
Creating private right of action for providers of Internet access service
Section 7707 - Effect on other laws
15 U.S.C. § 7707
Cited 57 times
2 Legal Analyses
Providing CAN-SPAM does not preempt state "trespass" laws
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