§Why CasetextPricing

Facebook, Inc. v. Wallace et al

MOTION for Default Judgment as to Defendant Sanford Wallace

24 Cited authorities

  1. Eitel v. McCool

    782 F.2d 1470 (9th Cir. 1986)   Cited 4,788 times   2 Legal Analyses
    Holding that "an unqualified oral stipulation of dismissal made in open court satisfies Rule 41, even where no formal stipulation was signed by the parties"

  2. PepsiCo, Inc. v. California Security Cans

    238 F. Supp. 2d 1172 (C.D. Cal. 2002)   Cited 1,680 times
    Holding that failure to grant default judgment would prejudice plaintiffs by leaving them without other recourse for recovery

  3. Stuhlbarg Intl. Sales v. John D. Brush Co.

    240 F.3d 832 (9th Cir. 2001)   Cited 1,805 times
    Holding that evidence of loss of customer goodwill supports finding of irreparable harm

  4. Televideo Systems, Inc. v. Heidenthal

    826 F.2d 915 (9th Cir. 1987)   Cited 2,488 times
    Holding that upon entry of default judgment, the factual allegations of the complaint are deemed true

  5. Tom Doherty Associates, Inc. v. Saban Enter

    60 F.3d 27 (2d Cir. 1995)   Cited 884 times   2 Legal Analyses
    Holding injunctive relief appropriate “to avoid the unfairness of denying an injunction to a plaintiff on the ground that money damages are available, only to confront the plaintiff at a trial on the merits with the rule that [the quantification of] damages must be based on more than speculation.”

  6. Myspace, Inc. v. Wallace

    498 F. Supp. 2d 1293 (C.D. Cal. 2007)   Cited 31 times
    Holding defendant would experience no hardship if enjoined from committing further violations of the CAN-SPAM Act

  7. Aitken v. Communications Workers of America

    496 F. Supp. 2d 653 (E.D. Va. 2007)   Cited 18 times   1 Legal Analyses
    Holding that "it is inappropriate to conclude, as a matter of law, that the misleading header information is immaterial" where the defendant misappropriated identities of managers to send "pro-union" e-mails to employees

  8. Cyber Promotions, Inc. v. American Online

    948 F. Supp. 436 (E.D. Pa. 1996)   Cited 23 times
    Holding that AOL is not a state actor

  9. Facebook, Inc. v. Connectu LLC

    489 F. Supp. 2d 1087 (N.D. Cal. 2007)   Cited 12 times   2 Legal Analyses
    Holding that a defendant's access to a plaintiff's website by using information voluntarily supplied by authorized users was "without permission" and a violation of the CDAFA

  10. Puglise v. Cobb County, Ga.

    4 F. Supp. 2d 1172 (N.D. Ga. 1998)   Cited 18 times
    Finding that the plaintiffs’ allegations in support of their §§ 1983 and 1985 conspiracy claim were merely speculative and noting that "minor discrepancies in officers’ testimony about their locations when shots were fired" are more indicative of a lack of agreement than of conspiracy

  11. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 32,867 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

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

    18 U.S.C. § 1030   Cited 3,234 times   408 Legal Analyses
    Holding cellular phones are protected

  13. Section 13 - Discrimination in price, services, or facilities

    15 U.S.C. § 13   Cited 2,029 times   35 Legal Analyses
    Barring price discrimination where "the effect of such discrimination may be substantially to lessen competition"

  14. Section 14 - Sale, etc., on agreement not to use goods of competitor

    15 U.S.C. § 14   Cited 1,020 times   4 Legal Analyses
    Forbidding exclusive dealing that substantially lessens competition

  15. Section 21 - Enforcement provisions

    15 U.S.C. § 21   Cited 244 times   1 Legal Analyses
    Granting the Commission authority to enforce section 7 of the Clayton Act

  16. 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

  17. Section 7704 - Other protections for users of commercial electronic mail

    15 U.S.C. § 7704   Cited 93 times   8 Legal Analyses
    In 15 U.S.C. § 7704(a)(1), Congress authorized civil suits against senders who dispatch "materially false" or "materially misleading" emails.

  18. 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

  19. Section 7702 - Definitions

    15 U.S.C. § 7702   Cited 58 times
    Cross-referencing 47 U.S.C. § 231(e)

  20. Section 17529 - Legislative findings and declarations

    Cal. Bus. & Prof. Code § 17529   Cited 18 times   1 Legal Analyses
    In section 17529, the Legislature was addressing problems caused by the collective conduct of many spammers which taxes Internet resources and clogs individual in-boxes.