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Czech v. Wall Street on Demand, Inc. et al

MEMORANDUM in Opposition re MOTION to Dismiss for Failure to State a Claim

37 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Perrin v. United States

    444 U.S. 37 (1979)   Cited 1,151 times   7 Legal Analyses
    Holding that commercial bribery falls under the definition of bribery under the Travel Act, which was passed nine years before RICO was enacted

  3. LVRC Holdings LLC v. Brekka

    581 F.3d 1127 (9th Cir. 2009)   Cited 510 times   49 Legal Analyses
    Holding that that the CFAA targets the unauthorized procurement or alteration of information rather than its misuse

  4. Register.com, Inc. v. Verio, Inc.

    356 F.3d 393 (2d Cir. 2004)   Cited 553 times   8 Legal Analyses
    Holding that a company that scraped a competitor's website to obtain data for marketing purposes likely committed trespass to chattels, because scraping could—although it did not yet—cause physical harm to the plaintiff's computer servers

  5. Satterfield v. Simon Schuster

    569 F.3d 946 (9th Cir. 2009)   Cited 428 times   25 Legal Analyses
    Holding that the FCC's interpretation that a text message is a "call" under the TCPA is reasonable

  6. International Airport Centers v. Citrin

    440 F.3d 418 (7th Cir. 2006)   Cited 175 times   74 Legal Analyses
    Holding that while the "difference between access ‘without authorization’ and ‘exceeding authorized access' is paper thin," an employee who breached a duty of loyalty terminated the agency relationship and exceeded authorized access in using company laptop

  7. EF Cultural Travel BV v. Explorica, Inc.

    274 F.3d 577 (1st Cir. 2001)   Cited 136 times   47 Legal Analyses
    Holding that violations of a confidentiality agreement or other contractual restraints could give rise to a claim for unauthorized access under the CFAA

  8. Harper v. LG Electronics USA, Inc.

    595 F. Supp. 2d 486 (D.N.J. 2009)   Cited 102 times
    Finding that the court was unable to make "the fact-intensive choice-of-law determination on the record before it," and deferring the choice-of-law decision until the factually record was more fully developed

  9. U.S. v. Phillips

    477 F.3d 215 (5th Cir. 2007)   Cited 79 times   9 Legal Analyses
    Holding that university's costs in collaborating with official investigation were reimbursable under § 3663A(b)

  10. Shamrock Foods Co. v. Gast

    535 F. Supp. 2d 962 (D. Ariz. 2008)   Cited 65 times   5 Legal Analyses
    Holding that the plain language of the CFAA, its legislative history, and principles of statutory construction support a narrow reading of "authorization"

  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 361,353 times   960 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,362 times   410 Legal Analyses
    Holding cellular phones are protected

  14. Section 7701 - Congressional findings and policy

    15 U.S.C. § 7701   Cited 184 times   8 Legal Analyses
    Describing the Congressional findings and purpose of the Act