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The court held that a contract becomes binding "when there is a meeting of the minds and consideration is exchanged." Since the plaintiffs were not given sufficient opportunity to review the arbitration clause in the SmartDownload EULA, Netscape could not compel that technique for resolving the present dispute. According to the court, the ...
The specific rules of the legal system will dictate exactly how the appeal is officially begun. For example, the appellant might have to file the notice of appeal with the appellate court, or with the court from which the appeal is taken, or both. Some courts have samples of a notice of appeal on the court's own web site.
A Florida appeals court has effectively opened a loophole in the state's long-standing law against recording telephone conversations without the permission of both sides of the call, ruling that ...
Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997), [2] is a case in which the United States Court of Appeals for the Fourth Circuit determined the immunity of Internet service providers for wrongs committed by their users under Section 230 of the Communications Decency Act.
The circuit court held that the specific facts of the present case were beyond the types of fair use that are permissible under the DMCA. According to the court, "the Appellants do not claim to be making fair use of any copyrighted materials, and nothing in the injunction prohibits them from making such fair use.
Officials had warned they would appeal if the judge refused to give investigators access to classified records during a review that could take months. Justice Department asks appeals court for ...
A federal appeals court Tuesday partially blocked a judge's ruling that had given the Justice Department access to many of Rep. Scott Perry’s cellphone communications in connection with special ...
That is, one of the parties in the case could appeal a decision of a court of appeals to the Supreme Court, and it had to accept the case. The right of automatic appeal for most types of decisions of a court of appeals was ended by an Act of Congress, the Judiciary Act of 1925, which also reorganized many other things in the federal court system.