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LSDefine

Simple English definitions for legal terms

Ninth Circuit Court of Appeals

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A quick definition of Ninth Circuit Court of Appeals:

The Ninth Circuit Court of Appeals is a court that hears appeals from the states of Washington, Oregon, California, Montana, Idaho, Nevada, Arizona, and Hawaii, as well as the Territories of Guam and the Northern Mariana Islands. In the case of Gordon v. Virtumundo, the court ruled on the standing requirements for "internet access service" providers under the U.S. CAN-SPAM Act of 2003 and the preemption of claims under Washington State's Commercial Electronic Mail Act. The court found that claims brought under CEMA for commercial email activities involving deceptive email headers will be dismissed as preempted by the CAN-SPAM Act. However, analogous claims may survive under common law or other statutory frameworks, but these claims wouldn't be connected to CEMA's statutory framework for calculating damages.

A more thorough explanation:

The Ninth Circuit Court of Appeals is a federal court that has jurisdiction over several states in the western United States, including Washington, Oregon, California, Montana, Idaho, Nevada, Arizona, and Hawaii, as well as the Territories of Guam and the Northern Mariana Islands.

The Ninth Circuit Court of Appeals has made several rulings related to spam emails and consumer protection laws. In the case of Gordon v. Virtumundo, the court interpreted the CAN-SPAM Act's standing requirements for "internet access service" providers and ruled on the preemption of claims under Washington State's Commercial Electronic Mail Act ("CEMA").

For example, if a company sends deceptive emails with false or misleading header information or subject lines, a claim brought under CEMA may be dismissed as preempted by the CAN-SPAM Act. However, claims brought under other state consumer protection laws or common-law frameworks may still be valid if they are not specific to commercial email and show a direct causal connection between the acts violating the law and actual damages suffered by the plaintiff.

One example of a state consumer protection law is Washington's consumer protection statute, which may apply to commercial emails that contain significantly false or misleading information. If a plaintiff can show that they suffered actual damages as a result of the deceptive emails, they may be able to bring a successful claim under this statute.

The Ninth Circuit Court of Appeals plays an important role in interpreting federal laws related to spam emails and consumer protection. Its rulings help to clarify the standing requirements for internet access service providers and the preemption of state laws related to commercial email. By understanding these rulings, individuals and companies can better protect themselves from deceptive email practices and ensure that they are in compliance with relevant laws and regulations.

Nil dicit default judgment | nisi prius

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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