Infobox Court Case name BMGCanadaInc. v. JohnDoe court Federal Court of Canada , Federal Court of Appeal Canada Federal Court of Appeal image imagesize imagelink imagealt caption full name date decided citations canlii fc 2004 488 aff d canlii fca 2005 193 transcripts judges Konrad von Finckenstein von Finckenstein J. , Federal Court Richard C.J., No l and Sexton JJ.A., Court of Appeal prior actions subsequent actions opinions keywords Copyright, Infringement BMGCanadaInc. v. JohnDoe , canlii fc 2004 488 aff d canlii fca 2005 193 , is an important Canadian copyright law, file sharing, and privacy case, where both the Federal Court of Canada and the Federal Court of Appeal Canada Federal Court of Appeal refused to allow the Canadian Recording Industry Association CRIA and several major record labels to obtain the subscriber information of Internet service provider ISP customers alleged to have been infringing copyright. Background CRIA made an application under the Rules of the Federal Court to compel 5 ISPs Bell Canada , Rogers Communications , Shaw Communications , Telus , and Vid otron to divulge the account information of 29 IP address es that were believed to have downloaded approximately 1,000 copyrighted music files through the KaZaA and iMesh file sharing software. Shaw strongly opposed the motion, citing customer privacy and technical difficulties. Telus, Bell and Rogers also expressed varying levels of disagreement, also on privacy grounds. Vid otron offered no opposition they chose not to appear at the court hearing, instead stating their support of the CRIA s position and readiness to provide the requested information as soon as a court order was issued. Federal Court decision The judgment of the Federal Court was delivered 31 March 2004 in Toronto , Ontario . Justice von Finckenstein held that the ISP could not be compelled to divulge their user information ... Category 2004 in case law Category 2005 in case law Category 2004 in Canada Category 2005 in Canada ... more details
, Inc. v. Doe No. 3 , 775 A.2d 756. ref http www.citmedialaw.org sites citmedialaw.org files 2001 07 ...Wikify date March 2011 Primary sources date March 2011 Mobilisa v. Doe ref name opinion https www.eff.org files mobilisaruling.pdf Mobilisa Incv. JohnDoe CA CV 06 0521 ref was a lawsuit filed in 2005 by Mobilisa Inc. ,, a Washington based company that provides wireless and mobile communications to government and military clients. The case against JohnDoe , the anonymous sender of an email using the service The Suggestion Box . The case is notable regarding the legal question of what standard should govern requests for discovery of the identity of an anonymous Internet speaker whose speech allegedly violated a plaintiff s rights. While the court originally issued a subpoena requiring The Suggestion Box to disclose the identity of the e mail s sender, it later vacated this order when The Suggestion Box objected in December 2005. ref http www.citmedialaw.org threats mobilisa vdoe description Citizen Media Law Project Mobilisa v. Doe ref Background The dispute originated with an email originally sent from a company e mail account by Nelson Ludlow, the founder and chief executive of Mobilisa Inc., to a woman who was not employed by Mobilia but was involved in a personal relationship with Ludlow. This e mail was forwarded six days later to members of Mobilisa s management team from ... set out in Doev. Cahill , 884 A.2d 451 ref http www.citmedialaw.org sites citmedialaw.org ... Box, Inc. The e mail contained Ludlow s original e mail to Shara and subject line was the question ... an affidavit stating that, with The Suggestion Box s consent, they would now also be representing the Doe in this matter. Doe, through council, objected to the subpoena request and stated that did not access ... set forth by Cahill, and as such granted Mobilisa leave to conduct discovery regarding Doe s identity. Court of Appeals This decision was appealed by The Suggestion Box and Doe arguing that while ... more details
Unreferenced date June 2011 Infobox United States District Court Case name Doev. 2themart.com Inc. court ... should not be issued. Therefore, Doe s motion to quash the subpoena was granted. keywords Anonymous post , Doe subpoena Wikify date February 2011 Doev. 2themart.com Inc. Case citation 140 F. Supp. 2d ... defendant s identity. Mobilisa, Inc. v. Doe Mobilisa test . When deciding this case, the court set forth ... under a pseudonym JohnDoeDoe , alleging that enforcement of the subpoena would violate his or her ... behavior on the Internet. Doev. Cahill Cahill test , called the Summary Judgment standard. The plaintiff .... v. Doe No. 3 Dendrite test . A multi part test 1 the plaintiff must make good faith efforts to notify ..., http books.google.com books?id huqb4yxV01MC&pg SA8 PA58 IA1&lpg SA8 PA58 IA1&dq Doev. 2TheMart.com ... X&oi book result&ct result&resnum 7&ved 0CDkQ6AEwBjgK v onepage&q Doe 20v. 202TheMart.com 20Inc.&f ... http ilt.eff.org index.php Doev. 2theMart.com Copy of the 2themart.com decision http www.eff.org cases doev 2themart com Summary and relevant court documents from EFF Refend DEFAULTSORT Doev. 2themart.com ... the identity of the anonymous Internet user by enforcing a civil Doe subpoena subpoena . The court ... should not be issued. Therefore, Doe s motion to quash the subpoena was granted. History In a previous ..., TMRT issued a subpoena to a local internet service provider , Silicon Investor InfoSpace, Inc ... Internet users through the enforcement of a civil subpoena? District Court ruling Doe s motion to quash the subpoena was granted. In other words, the court supported Doe s contention that TMRT has no right ... subpoena to Doe subpoena reveal the identities of Anonymous post anonymous Internet users , the court ... information. See also the previous cases Columbia Ins. Co. v. Seescandy.com 185 F.R.D. 573 and In re Subpoena Duces Tecum to America Online, Inc. 2000 WL 1210372 Va. Cir. Ct. 2000 Since ... should not be issued. Therefore, Doe s motion to quash the subpoena was granted. See Also To solve ... more details
, Inc. v. JohnDoe No. 3 Citations Prior On appeal from Superior Court of New Jersey, Chancery ... defamationlawblog.wordpress.com tag dendrite international incvjohndoe no 3 Defamation Law Blog ...Infobox COA case Litigants Dendrite International, Inc. v. Doe No. 3 Court New Jersey Superior Court ... JoinConcurrence Dissent JoinDissent LawsApplied Dendrite International, Inc. v. Doe No. 3 , Case ..., Inc., a purveyor of computer software used in the pharmaceutical industry, brought a Doe subpoena JohnDoe lawsuit against individuals who had Anonymous post anonymously posted criticisms of the company ... name miller Miller, Jason. http ssrn.com abstract 1365326 Who s Exposing JohnDoe Journal of Technology ..., Inc. v. Does , was a lawsuit brought by Dendrite International, Inc. since acquired by Cegedim ref ... s decision that Dendrite s prima facie case did not merit the unmasking of Doe No. 3. Judges Stern ... s requests to compel Yahoo to Doe subpoena reveal the identity of an anonymous defendant, Dendrite ... on 2009 03 15. ref This standard has since been applied to other cases, such as Mobilisa, Inc. v. Doe , ref name mobilisa http www.cofad1.state.az.us opinionfiles CV CV060521.pdf 170 P.3d 712 pdf Ariz. 2007 . Retrieved on 2011 03 01. ref Gallucci v. New Jersey On Line LLC ref Gallagher, Mary Pat ... Web Posts , New Jersey Law Journal , February 26, 2007. ref and Independent Newspapers v ... Doe No. 3 s comments were related to alleged changes in the company s accounting practices and discussed ... the decision with respect to Doe No. 3. Opinion The appellate court affirmed the lower court s opinion, finding that Dendrite s prima facie case did not merit the unmasking of Doe No. 3. The panel cited ... made online, and stated that in order for Doe No. 3 to forfeit those protections, Dendrite had ... the posting of the comments. ref name USAT In making a decision with regards to Doe No. 3, the court ... upon the Doe subpoena Summary judgment standard summary judgment standard , but provide additional ... more details
JohnV. Doev. Holy See is a lawsuit involving the sovereign immunity status of the Holy See in relation to the Catholic sexual abuse scandal in the United States . The threshold question of law in the case is whether the Foreign Sovereign Immunities Act allows the Holy See , a sovereign state in international law, to be sued for acts of local Catholic clergy . Case history The lawsuit was brought in federal court in United States District Court for the District of Oregon Oregon plaintiff JohnDoe alleged abuse by Father Andrew Ronan Order of the Servants of Mary OSM in Portland, Oregon . This allegedly took place c. 1965 after Ronan was moved from Ireland after admitting abuse there. ref name ca9 opinion http www.ca9.uscourts.gov datastore opinions 2009 03 03 0635563.pdf JohnV. Doev. Holy See court opinion at the United States Court of Appeals for the Ninth Circuit accessdate 2010 01 25 , at 2550. ref Doe alleged, inter alia, that the Archdiocese and the Order were vicariously liable for Ronan s abuse of Doe, and that the Holy See was vicariously liable for Ronan s abuse of Doe and for the negligent actions of the Archdiocese, the Order, and the Chicago Bishop, and that the Holy See was itself negligent in its retention and supervision of Ronan and in failing to warn of his propensities. ref 9th Cir. op., at 2552 53 ref The Holy See moved to dismiss the claims against it, invoking its immunity under the Foreign Sovereign Immunities Act . When the District Court rejected that motion, the defendant took an interlocutory appeal . ref name sblog 200911 cite web url http www.scotusblog.com ... Irish Times article DEFAULTSORT Doev. Holy See, JohnV. Category 2009 in United States case law Category ... resources. ref http www.radiovaticana.va pdf documents Doev Holy See.pdf Statement of Jeffrey S. Lena Regarding Release of Documents in Doev. Holy See ref Lena also remarked that the release ... rel. Eaton v. Price 360 U.S. 246 n.1 1959 per curiam Maryland v. Baltimore Radio Show, 338 U.S. 912 ... more details
SCCInfoBox case name Mattel, Inc. v. 3894207 CanadaInc. full case name Mattel, Inc. v. 3894207 CanadaInc. heard date October 18, 2005 decided date June 2, 2006 citations 2006 SCC 22, 2006 1 S.C.R. 772 docket 30839 history Appealed from the Federal Court of Appeal ruling Mattel appeal dismissed ratio SCC 2004 2005 Majority Binnie J. JoinMajority McLachlin CJ., Bastarache, Deschamps, Fish, Abella, Charron JJ. Concurrence LeBel J. NotParticipating Major J. Mattel, Inc. v. 3894207 CanadaInc. lexum scc3 2006 22 1 772 is a leading decision of the Supreme Court of Canada on the trademark infringement infringement of famous trade mark names. The Court found that Mattel Inc. could not enforce the use of their trade marked name BARBIE against a restaurant named Barbie s . Background A Montreal woman attempted to register a trade mark for the name Barbie s & design for her restaurant and catering services. Mattel Inc. sued her for trade mark infringement for the use of the word Barbie . Mattel alleged that the use of the name would create consumer confusion. Lower Court Rulings Trade Marks Opposition Board The Board found that there was not a strong likelihood of consumer confusion. It based its decision on the fact that Mattel presented no evidence of actual confusion although it was not required to , the mark had a low degree of inherent distinctiveness as it is a short form of the name Barbara , and the nature of the uses by the two parties were very different. Trial Court Mattel appealed the Board s ruling to the Federal Court. The Federal Court decided that the trade mark, Barbie by Mattel is not iconic enough to cause consumer confusion. Instead, it found that all factors must be considered, including that of the nature of the wares. The judge found the wares to be quite different ... List of Supreme Court of Canada cases Kirkbi AG v. Ritvik Holdings Inc. , a related case from the previous ... from FC decision Category Supreme Court of Canada cases Category 2006 in Canada Category 2006 in case ... more details
SCCInfoBox case name Apotex Inc. v. Sanofi Synthelabo CanadaInc. full case name Apotex Inc. v. Sanofi Synthelabo CanadaInc. heard date April 16, 2008 decided date November 6, 2008 citations 2008 3 S.C.R. 265 history none ruling Appeals Dismissed ratio SCC 2008 Unanimous Rothstein J. NotParticipating McLachlin C.J. and Cromwell J. LawsApplied Apotex Inc. v. Sanofi Synthelabo CanadaInc. , 2008 3 S.C.R. 265, is a leading Supreme Court of Canada decision on the novelty and non obviousness requirements for a patent in Canada. The Court rejected a challenge by the generic drug manufacturer Apotex to declare Sanofi Synthelabo Canada s patent for Plavix , an anti coagulant drug, invalid. At issue was whether selection patents are invalid in principle, and if they are not, whether the subject selection patent was invalid on the grounds of anticipation, obviousness or double patenting. Reasons of the Court Selection Patents Justice Rothstein, for the Court, concluded that selection patents are acceptable in principle. In reaching its decision, the Supreme Court accepted authority that a selection patent must be novel and possess a substantial advantage to be secured, or disadvantage to be avoided. Novelty Apotex claimed that the patent did not satisfy the novelty patent novelty requirement. The Supreme Court of Canada employed a two part test for anticipation. In order for there to be a finding of anticipation, the prior art must satisfy both of the following branches prior disclosure ... from Windsurfing International Inc. v. Tabur Marine Great Britain Ltd. , ref Windsurfing International Inc. v. Tabur Marine Great Britain Ltd. , 1985 RPC 59 CA . ref as restated in Pozzoli SPA v. BDMO SA ref Pozzoli SPA v. BDMO SA , 2007 F.S.R. 37 p. 872 , 2007 EWCA Civ 588. ref Identify the notional ... CIPO Practice Notice on Obviousness November 2, 2009 List of Supreme Court of Canada cases McLachlin ... Reflist 2 Category Supreme Court of Canada cases Category 2008 in Canada Category 2008 in case law ... more details
Orphan date December 2009 Caloil Inc. v. Attorney General of Canada 1971 S.C.R. 543 ref http www.canlii.org en ca scc doc 1970 1970canlii194 1970canlii194.html Caloil Inc. v. Attorney General of Canada , 1970 CanLII 194 SCC , 1971 SCR 543 ref is a leading constitutional decision of the Supreme Court of Canada on the Trade and Commerce power under section 91 2 of the Constitution Act, 1867 . The Court upheld a federal law prohibiting the transport or sale of imported oil in a certain region of Ontario. References reflist DEFAULTSORT Caloil Inc. V The Attorney General Of Canada Category Canadian federalism case law Category Supreme Court of Canada cases Category 1971 in Canada Category Supreme Court of Canada case articles without infoboxes Category 1971 in case law Canada law stub ... more details
SCCInfoBox case name Monsanto CanadaInc. v. Schmeiser full case name Percy Schmeiser and Schmeiser Enterprises Ltd. v. Monsanto CanadaInc. and Monsanto Company heard date January 20, 2004 decided date ... JoinDissent Iacobucci, Bastarache, LeBel JJ. NotParticipating LawsApplied Monsanto CanadaInc. v. Schmeiser 2004 1 S.C.R. 902, 2004 SCC 34 is a leading Supreme Court of Canada case on patent rights ... discovered Roundup resistant canola in his crops in 1997. ref name trial Federal court of Canada. http decisions.fct cf.gc.ca en 2001 2001fct256 2001fct256.html Monsanto CanadaInc. v. Schmeiser Date ... ruling could be possible see paragraphs 55 58 of the appeal ruling . ref Federal Court of Appeal of Canada. http decisions.fca caf.gc.ca en 2002 2002fca309 2002fca309.html Monsanto CanadaInc. v. Schmeiser ... of these categories. DEFAULTSORT Monsanto CanadaInc. V. Schmeiser Category Genetic engineering and agriculture ... v. Canada Commissioner of Patents that concluded that though a company can patent products and processes ... dollar C 15 per acre be paid. Roundup Ready Canola was introduced in Canada in 1996, and by 1998 ... of dollars were raised from donations for his defense fund. Monsanto v. Schmeiser was at times ..., where the patent was upheld. This angle on Monsanto v. Schmeiser was misleading, as the Supreme ... the Federal Court of Canada and upheld at the appeal level before the Federal Court of Appeal. Both ... 5 20, 2000, in the Federal Court of Canada, at Saskatoon, Saskatchewan. All claims relating to Roundup ... was requested of the Supreme Court of Canada to hear the case. This was granted in May, 2003, and the trial ... Sierra Club National Farmers Union Canada National Farmers Union Research Foundation for Science ... assessment Canada s Supreme Court Hears Percy Schmeiser s Appeal , History Commons, January 20, 2004 ... is considered to have infringed section 42 of the Patent Act Canada Patent Act . The Court, however ... available to biotechnology companies in Canada, a situation which had been left open with the Harvard ... more details
Unreferenced stub auto yes date December 2009 Primarysources date April 2008 Infobox record label See Wikipedia WikiProject Music name BMG Music Canada image name logo, such as LABEL LOGO.jpg image size size image bg background color for logo, should remain empty white unless required parent parent company, such as Warner Music Group founded Startdate 1990 founder name of founders, separate with commas or br status leave blank unless Inactive or Defunct distributor distributors, separate with commas or br genre such as World music World or Various , separate with commas or br country Flag Canada location Toronto , Ontario url such as http www.atlanticrecords.com atlanticrecords.com BMG Music Canada was the Canadian division of Bertelsmann Music Group BMG , located in Toronto , Ontario , Canada . Previously working for Henri D s albums, it acquired the Lanoraie, Quebec based Interdisc Distribution Inc. to form BMG Qu bec, in 1990, originally as BMG Musique du Qu bec with Nicolas Ferrier as the prime mover. In 2004, the label merged with Sony Music Entertainment Sony Music Canada to create Sony BMG Music Entertainment Sony BMG Music Canada Inc. . Timeline 1970 Company formed. 1982 Acquires RCA Records Labels RCA Victor Ltd. to form BMG Music Canada. 1983 Acquires RCA Records . 1984 Creates a Canadian division of Ariola Records with BMG International, N.V. . 1990 Acquires Interdisc Distribution Inc. to form BMG Qu bec. 2004 Merges with Sony Music Entertainment Sony Music Canada to form Sony BMG Music Entertainment Sony BMG Music Canada Inc. See also List of record labels Portal box Music of Canada DEFAULTSORT Bmg Music Canada Category Record labels established in 1970 Category Record labels disestablished in 2004 Category Bertelsmann Category Canadian record labels Category Companies based in Toronto Category Defunct record labels Canada record label stub ... more details
for example, JohnDoev. Jane Roe . Other variations are John Stiles and Richard Miles , now rarely ... of an anonymous post . ref See, e.g. , Dendrite International, Inc. v. Doe , http pub.bna.com eclr 277400t3.htm 775 A.2d 756 N.J. App. Div. 2001 Krinsky v. Doe 6 , http www.courtinfo.ca.gov opinions ...about a term for anonymous characters The name JohnDoe is used as a placeholder name in a legal action ... and New Zealand. Usage JohnDoe is sometimes used to refer to a typical male in other contexts ..., on various forms, the first name listed is often JohnDoe, along with a fictional address ... used frequently in popular culture, for example in the Frank Capra film Meet JohnDoe . JohnDoe was also the name of a JohnDoe TV series 2002 American television series . The female equivalent of John ... web url http www.worldwidewords.org qa qa joh2.htm publisher World Wide Words title JohnDoe author ... JohnDoe can cause difficulty, such as being stopped by airport security or suspected of being an incognito ... only a lawyer could love title Meet JohnDoe. No, really author Alison Leigh Cowan date 2009 07 29 accessdate 2009 08 05 work The New York Times ref Origin The name JohnDoe , often spelled Doo, along ... John Stiles. ref name Noakes http www.worldwidewords.org qa qa joh2.htm World Wide Words JohnDoe ref The Oxford English Dictionary states that JohnDoe is the name given to the legal fiction fictitious ... JohnDoe and Richard Roe. Eventually the medieval remedies were mostly abolished by the Real Property Limitation Act of 1833 the fictional characters of JohnDoe and Richard Roe by the Common Law Procedure ... The term JohnDoe Injunction or JohnDoe Order ref name order http www.pressgazette.co.uk story.asp?storyCode 30920§ioncode 1 Press Gazette Obtaining a JohnDoe Order 2005 ref is used in the UK ... to disclose it, a JohnDoe injunction may be sought against that person. The first time ... States the name JohnDoe does not actually appear in the formal name of the case, for example X & Y ... more details
JohnDoe VII v. Exxon Mobil Corp 09 7125 is a lawsuit filed in the United States by 15 Indonesia n villagers against ExxonMobil Exxon Mobil Corporation from the oil rich province of Aceh , Indonesia. The case has widespread implications for multinational corporations doing business in other countries. The case may eventually reach the Supreme Court because lower federal courts have disagreed on the liability of United States companies operating outside of the United States. Fifteen Indonesian villagers claim government security forces working for Exxon Mobil committed brutal oppression while guarding a natural gas facility in 2000 to 2001. On July 8, 2011 a divided 2 1 panel of the U.S. Court of Appeals for the District of Columbia , reversed part of a ruling by the federal district court reinstating the lawsuit. In their decision, the court stated that the 1789 Alien Tort Statute allowed corporations in foreign countries to be held liable for the torts committed by their agents. ref Bill Mears, http www.cnn.com 2011 CRIME 07 08 exxon.mobil.lawsuit index.html?hpt hp t2 Exxon Mobil to face lawsuit over alleged human rights violations , CNN , July 8, 2011 . ref ref name r Jonathan Stempel, http www.reuters.com article 2011 07 08 us exxonmobil indonesia idUSTRE7676I120110708 Indonesia torture case vs Exxon Mobil revived , Reuters , July 8, 2011 . ref Allegations The 15 Indonesian villagers contended in their lawsuit that family members were beaten, burned, shocked with cattle prods, kicked, and subjected to other forms of brutality and cruelty amounting to torture in Indonesia s Aceh province between 1999 and 2001, during a period of civil unrest. Exxon Mobil retained soldiers from Indonesia s military as guards for a natural gas facility in Aceh, despite knowing of past human rights abuses by the Indonesian army, leading to human rights violations against Aceh villagers. ref name r Notes reflist Category United States lawsuits Category Civil rights case law ... more details
Orphan date February 2009 Infobox Court Case name BMG Music v. Gonzalez court United States Court of Appeals for the Seventh Circuit date decided December 9, 2005 full name BMG Music, et al. v. Cecelia Gonzalez citations 430 Federal Reporter Federal Reporter, Third Series F.3d 888 judges Frank H. Easterbrook , Terence T. Evans , and Ann Claire Williams prior actions 2005 Westlaw WL 106592 N.D. Ill. Jan. 7, 2005 granting summary judgment for plaintiffs subsequent actions cert. denied , U.S. , 126 S. Ct. 2032, 164 L. Ed. 2d 782 2006 opinions where user of file sharing software downloaded over 1,000 copyrighted songs without authority of copyright holders, court rejected fair use to defense to claim for copyright infringement based on user s contention that she was merely sampling the works for possible future purchase BMG Music v. Gonzalez , 430 F.3d 888 7th Cir. 2005 , was a civil case in which the United States Court of Appeals for the Seventh Circuit upheld a lower court s summary judgment that the defendant had committed copyright copyright infringement infringement . The decision is noteworthy for rejecting the defendant s fair use defense, which had rested upon the defendant s contention that she was merely sampling songs with the intention of purchasing those she enjoyed at retail. Facts Over a period of several weeks, the defendant Uploading and downloading downloaded some 1,370 copyrighted songs onto her computer using the Kazaa KaZaA peer to peer file sharing file sharing ... Supreme Court s landmark Sony Corp. of America v. Universal City Studios, Inc. Sony decision. Turning ..., Inc. v. Grokster, Ltd. Grokster decision and with other cases involving file sharing and copyright ... to spring for. See A & M Records, Inc. v. Napster, Inc. A&M Records, Inc. v. Napster, Inc. , 239 F.3d 1004, 1014 19 9th Cir. 2001 . See also UMG v. MP3.com UMG Recordings, Inc. v. MP3.com, Inc. , 92 F ... 2005 12 bmgv cecilia gonzalez.html William Patry http www.llrx.com features bmgvgonzalez.htm ... more details
merge Sony BMG Music Entertainment v. Tenenbaum date December 2011 Sony BMG Music Entertainment et al. v. Tenenbaum is a court case wherein record label Sony BMG , along with Warner Bros. Records , Atlantic .... ref cite web url http jolt.law.harvard.edu digest copyright sony bmg music entertainment v tenenbaum date 2009 08 12 title Sony BMG Music Entertainment v. Tenenbaum last Weiner first Stephanie accessdate ... Court for reconsideration of the remittitur question ref cite court litigants Sony BMGv. Tenenbaum ... DEFAULTSORT Sony BmgV. Tenenbaum Category Recording Industry Association of America Category File ... American Jews de Joel Tenenbaum es Caso RIAA contra Tenenbaum fr Sony BMGv. Tenenbaum ... of America s RIAA anti downloading litigation campaign after Capitol v. Thomas , a large number previously having been settled out of court. ref http jolt.law.harvard.edu digest copyright sony bmg music entertainment v tenenbaum ref After the judge entered a finding of liability, a jury assessed damages ... jury insturctions in Sony v Joel Tenenbaum title Case 1 03 cv 11661 NG Document 909 Jury Instructions ... Circuit First Circuit on 4 April 2011. ref cite web url http www.ipbrief.net 2011 04 08 sony v tenenbaum saga file sharing case makes its way to first circuit title Sony v. Tenenbaum Saga File Sharing ... BMG Music Entertainment before an expanded judicial panel. ref http newsandinsight.thomsonreuters.com ... Sony BMG Music Entertainment Incubus band Incubus New Skin Science Warner Bros. Records Green Day Minority Warning Arista Records Outkast Wheelz of Steel Atliens Sony BMG Music Entertainment Incubus ... Be Quiet And Drive Around The Fur Sony BMG Music Entertainment The Fugees Killing Me Softly The Score ... Recordings Monster Magnet Look To Your Orb For The Warning Dopes To Infinity Sony BMG Music Entertainment Aerosmith Pink Nine Lives Arista Records Outkast Rosa Parks Aquemini Sony BMG Music Entertainment ... also Trade group efforts against file sharing Capitol v. Thomas Pirate Bay References Reflist External ... more details
SCCInfoBox case name RJR MacDonald Inc. v. Canada Attorney General full case name RJR MacDonald Inc. and Imperial Tobacco Ltd. v. The Attorney General of Canada heard date November 29 30, 1994 decided date September 21, 1995 citations 1995 3 S.C.R. 199, 127 D.L.R. 4th 1, 100 C.C.C. 3d 449, 31 C.R.R. 2d 189, 62 C.P.R. 3d 417 docket 23490 docket2 23460 history ruling ratio The Tobacco Products Control Act was upheld under the federal government s criminal law power, but the provisions prohibiting advertising and requiring unattributed warning labels was struck down under the Charter right to freedom of expression. SCC 1992 1997 Majority McLachlin J. paras. 122 178 Concurrence Major J. paras. 193 217 Concurrence2 Iacobucci J. paras. 179 192 Concurrence3 Lamer C.J. para. 1 Concurrence5 Sopinka J. para. 120 Dissent La Forest J. paras. 2 119 JoinDissent L Heureux Dube and Gonthier JJ. Dissent2 Cory J. para. 121 NotPresent RJR MacDonald Inc. v. Canada Attorney General , 1995 3 S.C.R. 199 is a leading Canadian constitutional decision of the Supreme Court of Canada where the Court upheld the federal Tobacco Products Control Act , but struck out the provisions which prevented tobacco advertising and unattributed health warnings. Background RJR MacDonald Inc. and Imperial Tobacco challenged the Act as being ultra vires the federal government s criminal law power and peace, order and good government power, and as being in violation of the right to freedom of expression under Section Two of the Canadian ... was not upheld under section 1 of the Charter . See also List of Supreme Court of Canada cases Lamer Court External links lexum scc2 1995 3 199 64 DEFAULTSORT Rjr Macdonald Inc. V. Canada ... and Freedoms case law Category Supreme Court of Canada cases Category Canadian federalism case law Category Canadian freedom of expression case law Category 1995 in case law Category 1995 in Canada Category Tobacco in Canada Category Tobacco case law Category R. J. Reynolds Tobacco Company canada law ... more details
Orphan date December 2009 Unreferenced date December 2009 Canada Labour Relations Board v. Paul L Anglais Inc. 1983 1 S.C.R. 147 is a leading Supreme Court of Canada constitutional decision on the jurisdiction of the superior courts to hear constitutional arguments. The unanimous Court found that Courts of Inherent Jurisdiction such as the Quebec Superior Court had concurrent jurisdiction to hear constitutional cases. Background A series of companies were involved in the production of several television shows and sold air time to sponsors. The CUPE union brought a claim against the companies to Canada Labour Relations Board . CUPE applied to have the companies declared a single party for the purposes of a collective bargaining proceedings. The companies argued that it was impossible as some of them were not inter provincial companies and thus were outside of federal jurisdiction. The CLRB found that the companies were a federal undertaking and so granted CUPE s application. The companies, in turn, applied to the Quebec Superior Court for a writ of evocation. The Superior Court denied the application on grounds that they did not have jurisdiction as the Federal Court Act gave the power to hear this sort of case to the Federal Court. On appeal to the Quebec Court of Appeal the court held that the Superior Court had jurisdiction and granted the writ of evocation. The issue before the Supreme Court was whether the Superior Court had jusidction over constitutional issues. Opinion of the Court ... administration of the laws of Canada as per section 101 of the Constitution Act, 1867 . Such a court ... of Cuddy Chicks Ltd. v. Ontario , Douglas College case, and the T treault Gadoury case, have seemingly reversed the ruling with little mention of the case itself. DEFAULTSORT Canada Labour Relations Board V. Paul L anglais Inc. Category Supreme Court of Canada cases Category 1983 in Canada Category Canada labour case law Category Supreme Court of Canada case articles without infoboxes Category 1983 ... more details
SCCInfoBox case name Canada Director of Investigation and Research v. Southam Inc. full case name heard date decided date citations docket 24915 history ruling ratio SCC 1996 1997 Unanimous Iacobucci J. NotParticipating LawsApplied Canada Director of Investigation and Research v. Southam Inc. , 1997 1 S.C.R. 748 is a leading decision of the Supreme Court of Canada on judicial review . In this case the Court first set out the standard of review of reasonableness simpliciter , which directs the court to only review decisions that are not supported by any reasons that can stand up to a somewhat probing examination . ref name para. 56 para. 56 ref Background Southam Inc. purchased a number of small newspapers in the Vancouver region. The Competition Bureau investigated the purchase as a violation of the Competition Act . The Competition Tribunal held that Southam violated section 92 of the Competition Act and ordered the company to sell off one of the papers. The Tribunal found that the newspapers were not in the same market with regards to print advertising markets. There was a decrease of competition in real estate advertising and not the retail advertising market. Southam appealed under section 13 of the Act to the Federal Court of Appeal. The Federal Court of Appeal held that it owed no deference to the Tribunal s finding that the markets were not the same and so it substituted its own findings that the markets were the same. The Court refused to set aside the remedy that had been ordered. The issue before the Supreme Court was whether the Tribunal warranted any deference by the reviewing court. Judgment Justice Iacobucci, writing for a unanimous Court, held that the appeal ... of review from Pezim v. British Columbia Superintendent of Brokers . ref 1994 2 S.C.R. 557 ... See also List of Supreme Court of Canada cases External links lexum scc2 1997 1 748 385 Category Canadian administrative case law Category Supreme Court of Canada cases Category 1997 in Canada Category ... more details
Infobox court case name Century Services Inc. v. Canada Attorney General court Supreme Court of Canada image 290X2Forestry.JPG imagesize imagelink imagealt caption full name date decided 2010 12 16 citations Canlii scc litigants link year 2010 source SCC num 60 parallelcite 2010 3 SCR 379 date courtname juris transcripts judges McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ. number of judges 9 decision by Deschamps J. Fish, J. concurring Abella, J. dissenting prior actions http www.canlii.org en bc bcsc doc 2008 2008bcsc1805 2008bcsc1805.html Ted LeRoy Trucking Ltd. and 383838 B.C. Ltd. re. , 2008 BCSC 1805, 2008 G.S.T.C. 221 http www.canlii.org en bc bcca doc 2009 2009bcca205 2009bcca205.html Ted LeRoy Trucking Ltd. Re , 2009 BCCA 205, 270 B.C.A.C. ... Act GST , construction of statutes, priority of claims italic title Century Services Inc. v. Canada Attorney General is a decision of the Supreme Court of Canada that describes the interrelationship ... Insolvency law of Canada Canadian insolvency law , and how other federal statutes are accordingly construed ... redundant assets. Century Services Inc was one of the major secured creditors of LeRoy. In April 2008 ... also owed a significant liability with respect to Goods and Services Tax Canada Goods and Services ... not be diverted for any other purpose. Decision of the Supreme Court of Canada The Court of Appeal ... for Canada, and the ETA is subordinate to that scheme the court of first instance has wide discretionary ... the nature of insolvency law in Canada. The BIA provides a more rules based approach for resolving ... of Canada s recent legislative activity has tended to favour the diminishing of the Crown s priority .... cquote 100 Elan Corp. v. Comiskey , 1990 , 41 O.A.C. 282, at para. 57, per Doherty J.A., dissenting ... Comments on the Supreme Court of Canada s Landmark Insolvency Decision in Ted LeRoy Trucking url http ... Court of Canada cases Category 2010 in case law ... more details
Multiple issues cleanup March 2009 update March 2009 File Nsl kenneth sutton.pdf thumb JohnDoev. Alberto R. Gonzales , was a case in which the American Civil Liberties Union ACLU along with the Library Connection and some librarians challenged Section 2709 of the Patriot Act . JohnDoe was the recipient of a National Security Letter NSL that requested all information associated with one of his Connecticut ... upon the Federal District Court s preliminary injunction. ref Doev. Gonzales , 546 U.S. 1301 2005 . ref ref http www.firstamendmentcenter.org news.aspx?id 15904&SearchString doev. gonzales ref ref http ... crime federalism 2006 05 doev gonzalez .html ref The New York Civil Liberties Union NYCLU and ACLU ... 27, 2008. This case was originally filed as Doev. Ashcroft . On March 19, 2008, the ACLU and the Electronic Frontier Foundation EFF filed Amicus briefs ref cite web url http www.eff.org cases doev gonzalez doev ashcroft title Doev. Mukasey Doev. Gonzalez, Doev. Ashcroft & 124 Electronic Frontier ... national security doev holder Doev. Holder Internet Service Provider s NSL , ACLU http www.ala.org ala aboutala offices oif ifissues usactlibrarians.cfm USA PATRIOT Act Doev. Gonzales , American Library Association http www.aclu.org national security idoe v gonzalesi fighting fbis demand library records statement george christian Doev. Gonzales Fighting the FBI s Demand for Library Records Statement of George Christian http www.aclu.org national security idoe v gonzalesi fighting fbis demand library records statement barbara bailey Doev. Gonzales Fighting the FBI s Demand for Library Records Statement of Barbara Bailey http michaelgolrick.blogspot.com 2005 11 aclu v gonzales 2nd circuit ... http books.google.com books?id EBVuREEjEGQC&pg PA52&lpg PA52&dq Doev. Gonzales library&source bl&ots ... result&resnum 1&ved 0CBYQ6AEwADge v onepage&q Doe 20v. 20Gonzales 20library&f false title COMMUNICATION ... DoeV. Gonzales Category United States district court cases ... more details
by Dendrite International, Inc. v. Doe No. 3 . ref name Dendrite Dendrite International v. Doe , http ...Infobox Court Case name Doev. Cahill court Delaware Supreme Court image imagesize caption date decided ..., Henry Ridgely opinions Judgement of the Superior Court s decision was reversed. Doev. Cahill ... figure. ref name DoeDoev. Cahill , https www.eff.org files filenode Doev Cahill doev ... in Doev. Cahill 1 to undertake efforts to notify the anonymous poster that he is the subject ... anonymous. Aftermath of the precedent Doev. Cahill represented another victory for the protection of free anonymous speech on the internet. The precedent was notably applied in Mobilisa, Inc. v. Doe in 2007 ref name Mobilisa Mobilisa Inc. v. Doe , http scholar.google.com scholar case?case 16268521309978372777&q Mobilisa, Inc. v. Doe&hl en&as sdt 2,5&as vis 1 170 P.3d 712 2007 . ref and still ... to in the decision as Doe, posted comments under the alias Proud Citizen on a website called the Smyrna ... 18, 2004 Doe posted the following statement br If only Councilman Cahill was able to display ... and common pride in its town. On September 19, 2004 Doe added br Gahill sic is as paranoid as everyone ... November 2, 2004 The Cahills file suit against Doe and 3 other anonymous internet posters claiming ... Newspapers which owned the internet blog and obtained the IP address es associated with Doe s postings ... a court order requiring Comcast to disclose Doe s identity. Comcast notifies Doe of the Cahills ... 4, 2005 Doe files an Emergency Motion for a Protective Order to block Comcast from disclosing his identity to the Cahills. June 14, 2005 Superior Court trial judge denies Doe s motion for a protective ... of the identity of an anonymous plaintiff. ref name Doe June 28, 2005 Doe appeals the decision ... facie evidence sufficient to withstand a motion for summary judgement. ref name Doe The Superior Court permitted discovery of Doe s identity under the good faith standard. This good faith standard ... more details
SCCInfoBox case name JohnDoev. Bennett heard date January 14, 2004 decided date March 25, 2004 citations 2004 SCC 17, 2004 1 S.C.R. 436 docket 29426 history ruling Appeal and cross appeal dismissed ratio SCC 2003 2004 Unanimous Beverley McLachlin C.J. LawsApplied Bazley v. Curry , 1999 2 S.C.R. 534 Jacobi v. Griffiths , 1999 2 S.C.R. 570 K.L.B. v. British Columbia , 2003 SCC 51, 2003 2 S.C.R. 403 JohnDoev. Bennett , 2004 SCC 17 is a legal ruling by the Supreme Court of Canada which upheld the lower court s decision that the ecclesiastical corporation, Roman Catholic Episcopal Corporation of St. George s, was vicarious liability vicariously liable as well as directly liable for sexual abuse by Father Bennett. The Court concluded that the ecclesiastical corporation s secondary responsibility originates from the power and authority over parishioners that the Church gave to its priests. ref http www.canadianunderwriter.ca issues ISarticle.asp?aid 1000156187 Vicarious conclusion ref The facts satisfied the close connection test the evidence overwhelmingly satisfies the tests affirmed in Bazley v Curry Bazley , Jacobi and K.L.B. The relationship between the diocesan enterprise and Bennett was sufficiently close. ref At para 32. ref It asserted that quote The relationship between the bishop and a priest in a diocese is not only spiritual, but temporal. The priest takes a vow of obedience to the bishop. The bishop exercises extensive control over the priest, including the power of assignment, the power to remove the priest from his post and the power to discipline him. It is akin to an employment relationship...The relationship between the bishop and the priest is sufficiently close. Applying the relevant test to the facts, it is also clear that the necessary connection between ... 17 SACC Category Canadian case law Category Catholic sexual abuse scandal in Canada Category 2003 in case law Category 2003 in Canada Category 2003 in religion Canada law stub ... more details
SCOTUSCase Litigants Tenet v. Doe ArgueDate January 11 ArgueYear 2005 DecideDate March 2 DecideYear 2005 FullName George J. Tenet, Individually, Porter J. Goss, Director of Central Intelligence and Director of the Central Intelligence Agency, and United States, Petitioners v. JohnDoe et ux. USVol 544 USPage 1 Citation Prior Subsequent Holding Spies cannot sue the United States government to enforce espionage contracts. SCOTUS 1994 2005 Majority Rehnquist JoinMajority unanimous court Concurrence Stevens JoinConcurrence Ginsburg Concurrence2 Scalia JoinConcurrence2 Concurrence Dissent JoinConcurrence Dissent Dissent JoinDissent Dissent2 JoinDissent2 LawsApplied Tenet v. Doe , Case citation 544 U. S. 1 2005 , was a Supreme Court of the United States United States Supreme Court case in which the court ruled unanimously that spies those recruited for espionage by the Central Intelligence Agency cannot sue the CIA or the Federal government of the United States United States government to enforce an espionage contract. The court ruled that allowing such suits jeopardize the protection of state secret s. This case pitted Doe, a high ranking Russian diplomat, who was recruited by the CIA for espionage against Russia during the Cold War , against the CIA. When Doe was recruited, the CIA promised ... this case in light of the 1876 case, Totten v. United States , that prevented a spy from suing the United States to enforce the secret espionage contract. In considering Tenet v. Doe , the Supreme Court upheld the Totten v. United States decision. Therefore, the law continues to deny Doe and other ... State Secrets Privilege References SCOTUS URL Slip 04 03 1395 Tenet v. Doe Official U.S. Supreme ... settled in Washington U.S. state Washington state , where Doe obtained employment. His salary ... later, in 1997, Doe was laid off. Unable to find new employment, due to restrictions by the CIA on the types ... was denied by the CIA, which provided no avenue for Doe to appeal the decision. Doe brought ... more details
Infobox Court Case name Doev. Bush court United States Court of Appeals for the First Circuit image 1st Circuit seal.png imagesize imagelink imagealt caption full name JohnDoe I, JohnDoe II, JohnDoe III, JohnDoe IV, Jane Doe I, Susan E. Schumann, Charles Richardson, Nancy Lessin, Jeffrey McKenzie, John Conyers, Dennis Kucinich, Jesse Jackson, Jr., Sheila Jackson lee, Jim McDermott, Jose E. Serrano, Sally Wright, Deborah Regal, Alice Copeland Brown, Jerrye Barre, James Stephen Cleghorn, Laura Johnson Manis, Shirley H. Young, Julian Delgaudio, Rose Delgaudio, Danny K. Davis, Maurice D. Hinchey, Carolyn Kilpatrick, Pete Stark, Diane Watson, Lynn C. Woolsey v. George W. Bush, President, Donald H. Rumsfeld, Secretary of Defense date decided March 13, 2003 citations Case citation 323 F.3d 133 1st Cir. 2003 transcripts judges Sandra Lynch , Conrad K. Cyr and Norman H. Stahl prior actions Doev. Bush, 240 F. Supp. 2d 95 D. Mass., 2003 br Doev. Bush, 257 F. Supp. 2d 436 D. Mass., 2003 subsequent actions Rehearing denied by Doev. Bush, 322 F.3d 109 1st Cir., Mar. 18, 2003 opinions Opinion of the Court Lynch keywords Doev. Bush , Case citation 323 F.3d 133 1st Cir. 2003 , was a court case challenging the constitutionality of the 2003 invasion of Iraq . The case was dismissed, since the plaintiffs failed to raise a sufficiently clear constitutional issue. ref name DoeVBushSum http www.mfso.org article.php?id 334 Summary of the case JohnDoe I v. President Bush Retrieved 8 7 2007. ref The Authorization for Use of Military Force Against Iraq Resolution of 2002 was challenged by a coalition of Military of the United States U.S. soldiers , parents of U.S. soldiers, and Member of Congress members of Congress prior to the invasion to stop it from happening. ref name DoeVBushSum They claimed ... 01A.pdf Doev. Bush Opinion by Judge Lynch 3 13 2003 Pages 3,4,10,23,25,26. Retrieved 8 7 2007. ref ... v. Laird 451 F.2d 26 United States Court of Appeals for the First Circuit 1st Cir. 1971 , which ... more details
JohnDoeDoev. Unocal , http openjurist.org 248 f3d 915 248 F.3d 915 United States Court of Appeals for the Ninth Circuit 9th Cir. 2001 was a lawsuit filed against Unocal for alleged human rights violations. Events In September 1997, 13 Burma Burmese villagers filed suit against Unocal and their parent company, the Union Oil Company of California under the Alien Tort Claims Act . ref Doe I v. Unocal Corp. 395 F.3d 932 C.A.9 Cal. ,2002 ref The suit was filed for alleged human rights violations, including forced labor, in the construction of the Yadana Project Yadana gas pipeline project in Myanmar , formerly Burma. ref name complaint state b cite web url http upload.wikimedia.org wikipedia commons b b0 Doev Unocal Plaintiffs Complaint and conformed face sheet.pdf format PDF title Plaintiff s Complaint for Damages author Kenderton Lynch date 2000 09 29 accessdate 2007 12 28 ref Case EarthRights International, the Center for Constitutional Rights , Paul Hoffman, Hadsell & Stormer, and Judith Brown Chomsky served as co counsel to the plaintiffs. In 1997, a U.S. federal district court in Los Angeles agreed to hear Doev. Unocal . The Court ruled that corporations and their executive officers can be held legally responsible under the Alien Tort Claims Act for violations of international human rights norms in foreign countries, and that U.S. courts have the authority to adjudicate such claims. The Court dismissed the case on the grounds that Unocal could not be held liable unless Unocal wanted the military to commit abuses, and that plaintiffs had not made this showing. Plaintiffs appealed this decision, and on September 18, 2002, the United States Court of Appeals for the Ninth ... doev. unocal case history.html Earthrights Doev. Unocal Case History ref In December 2004, Unocal .... ref http www.earthrights.org legalfeature final settlement reached in doev. unocal.html Earthrights Doev. Unocal Settlement ref Notes references Category 2001 in United States case law Category ... more details
back at doev myspace . Doev. Myspace, Inc. Et Al. Justia Dockets & Filings. Web. 31 Oct. 2010. http ...infobox name Fifth Cir. Case title Doev. MySpace image Image US CourtOfAppeals 5thCircuit Seal.png caption headerstyle background ccf labelstyle background ddf header1 Doev. MySpace label1 data1 header2 ... Decency Act of 1996 CDA belowstyle background ddf below Doev. MySpace , 528 F.3d 413 5th Cir. 2008 ... degree felony . ref Doev. MySpace, 474 F. Supp. 2d 843 W.D. Tex. Feb. 13, 2007 . ref The minor ... of emotional distress . ref Doev. MySpace, 474 F. Supp. 2d 843 W.D. Tex. Feb. 13, 2007 . ref ... a claim pursuant to Federal Rules of Civil Procedure 12 b 6 . ref Doev. MySpace, 474 F. Supp ... steps to ensure a minors safety. ref Doev. MySpace, 528 F.3d 413 5th Cir. 2008 . ref Plaintiffs ... the pleading standard of Federal Rule of Civil Procedure 9 b . ref Doev. MySpace, 474 F. Supp ... misrepresentation without prejudice. ref Doev. MySpace, 474 F. Supp. 2d 843 W.D. Tex. Feb. 13 ... and the Fourth Circuit Court of Appeals holding in Zeran v. America Online, Inc. to guide ... negligence claims under Federal Rules of Civil Procedure Rule 12 c . ref Doev. MySpace, 474 F. Supp .... ref Western Invs., Inc. v. Urena, 162 S.W.3d 547, 550 Tex. 2005 . ref The court held that a person ... to protect Plaintiff Doe from Soli s criminal sexual assault. ref Doev. MySpace, 474 F. Supp. 2d 843 ... admitted in open court that they no longer wished to pursue those claims. ref Doev. MySpace ... world of cyberspace. ref Doev. MySpace, 528 F.3d 413 5th Cir. 2008 . ref Fifth Circuit Court of Appeals ... law. Judge Edith Brown Clement wrote the opinion of the court. ref Doev. MySpace, 528 F.3d 413 ... party content generator. ref Doev. MySpace, 528 F.3d 413 5th Cir. 2008 . ref In response to Plaintiffs ... as directed toward MySpace in its publishing, editorial, and or screening capacities. ref Doev. MySpace ... safety technologies ref Doev. MySpace, 528 F.3d 413 5th Cir. 2008 . ref Finally, the Court rejected ... more details
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