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· 5/3/2013

Unspam Technologies, Inc. v. Andrey Chernuk

Citations

  • 716 F.3d 322
  • 2013 WL 1849080
  • 2013 U.S. App. LEXIS 9070

How courts have described this case

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

  • holding that receipt of allegedly fraudulent payments “amounts to no more than a bare allegation or logical possibility” of a conspiracy and does “not satisfy the requirements for establishing a conspiracy theory of personal jurisdiction”
  • suggesting that the court did not abuse its discretion in denying jurisdictional discovery based on conclusory allegations of personal jurisdiction
  • noting that, to satisfy the conspiracy theory of jurisdiction, the party must allege “with particularity the conspiracy and overt acts within the forum taken in furtherance of the conspiracy”
  • finding no conspiratorial liability against foreign banks where plaintiff had alleged banks kept spammers in business by processing transactions, but did not allege a common plan amongst foreign banks
  • discussing claims that would enable jurisdiction over coconspirators not present in the forum state
  • articulating the specific jurisdiction considerations when the defendant’s conduct takes place over the internet

Source: CourtListener parenthetical corpus (CC0).

Judges: Niemeyer, Shedd, Agee

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.