· 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 CourtListenerSourced 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.