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· 7/10/2006

Kenneth A. McCready v. Ebay, Inc., Bruce Kamminga, and David McDuffee

Citations

  • 453 F.3d 882
  • 2006 U.S. App. LEXIS 17101
  • 2006 WL 1881142

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “if a plaintiff pleads facts which show he has not claim, then he has pled himself out of court”
  • holding that a good faith reliance on a subpoena is a complete defense to civil action
  • holding that the good faith defense protected eBay from liability for releasing information pursuant to a subpoena issued by a federal district court where there was no \indication of irregularity sufficient to put eBay on notice that the subpoena was `phony.'\
  • stating that the FCRA “does not apply to reports utilized for business, commercial or professional purposes.”
  • noting that a plaintiff can plead himself out of court if he pleads facts that preclude relief
  • finding that document included in defendant’s motion to dismiss could be considered by the court as it was central to the lawsuit and there was “no factual dispute as to its contents.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Manion, Kanne

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.