§Why CasetextPricing

Perkins et al v. LinkedIn Corporation

REPLY in Support of

36 Cited authorities

  1. Drobnak v. Andersen Corpo

    561 F.3d 778 (8th Cir. 2009)   Cited 336 times   1 Legal Analyses
    Holding that allegations pleaded on information and belief meet Rule 9(b)'s particularity requirement when the facts constituting the fraud are peculiarly within the opposing party's knowledge and if accompanied by a statement of facts on which the belief is founded

  2. Gene and Gene v. Biopay

    541 F.3d 318 (5th Cir. 2008)   Cited 205 times   7 Legal Analyses
    Holding that "the determinative question of whether consent can be established via class-wide proof must . . . be answered in the negative" because the plaintiff "failed to advance a viable theory of generalized proof to identify those persons, if any, to whom BioPay may be liable under the TCPA."

  3. United States v. Forrester

    495 F.3d 1041 (9th Cir. 2007)   Cited 209 times   8 Legal Analyses
    Holding that government surveillance of a computer to discover email address information, IP addresses, and amount of data transmitted by email does not constitute a Fourth Amendment search

  4. Zimmerman v. HBO Affiliate Group

    834 F.2d 1163 (3d Cir. 1987)   Cited 326 times
    Holding that plaintiff who illegally stole television signals could not assert FDCPA claim due to lack of contractual relationship

  5. Sanders v. Apple Inc.

    672 F. Supp. 2d 978 (N.D. Cal. 2009)   Cited 173 times   1 Legal Analyses
    Granting motion to strike with leave to amend to define a narrower class

  6. Konop v. Hawaiian Airlines, Inc.

    302 F.3d 868 (9th Cir. 2001)   Cited 214 times   5 Legal Analyses
    Holding that Congress added protection of "electronic communications" to the Wiretap Act in order "to afford [them] privacy protection"

  7. In re iPhone Application Litig

    844 F. Supp. 2d 1040 (N.D. Cal. 2012)   Cited 153 times   4 Legal Analyses
    Holding that iOS devices such as iPhones are not "facilities" under the SCA

  8. Ground Zero Museum Workshop v. Wilson

    813 F. Supp. 2d 678 (D. Md. 2011)   Cited 133 times
    Finding that either the "law of the place where the chattel was located" or "the place where Plaintiffs were located at the time of the alleged trespass" would apply

  9. Feldman v. Google, Inc.

    513 F. Supp. 2d 229 (E.D. Pa. 2007)   Cited 129 times   2 Legal Analyses
    Holding that the plaintiff had the duty to read terms that were presented in a scroll box and required a click to agree and, therefore, the fact that the entire contract was not visible in the scroll box was irrelevant

  10. Fraley v. Facebook, Inc.

    830 F. Supp. 2d 785 (N.D. Cal. 2011)   Cited 96 times   2 Legal Analyses
    Holding that mental anguish and economic injury can suffice as sufficient harms

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,507 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  12. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,262 times   79 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

  13. Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited

    18 U.S.C. § 2511   Cited 2,789 times   42 Legal Analyses
    Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

  14. Section 2701 - Unlawful access to stored communications

    18 U.S.C. § 2701   Cited 1,329 times   135 Legal Analyses
    Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"