Posts Tagged ‘New York’
October 31, 2012
First Amendment attorney Marc Randazza provides a forensic demonstration on how a real "take down lawyer" handles an online scam artist who is impersonating a lawyer and extorting his victims for a fee. See also, Marc's follow-up posts:
isanybodydown.com responds! ,
More on operation "involuntary porn" and
Still more on isanybodydown.com
I also highly recommend Ken @ Popehat's companion post:
"The Takedown Lawyer": Let's Help Marc Randazza Investigate A Scammer, Shall We?
Tags:Copyright, First Amendment to the United States Constitution, Law, Lawyer, Marc Randazza, New York, Plaintiff
Posted in extortion, Marc Randazza, privacy, social media | Leave a Comment »
September 14, 2012
Twitter image via Inforrm’s Blog.
Oh, Twitter, you used to be cool. You used to be the rebel. You used to be the shining light among social media platforms that fought for privacy and First Amendment rights. Now you’re just part of the “1 Percent”. Well, you were never part of the “99 Percent”, but at least we thought you cared.
Joseph Ax of Thomson Reuters reports that Twitter has folded like a cheap lawn chair under threat of contempt and substantial fines by a New York criminal judge. Malcolm Harris was among 700 people arrested during a peaceful protest march in support of the Occupy Wall Street Movement. He was charged with one count of disorderly conduct for blocking traffic. The prosecutor served three subpoenas on Twitter for 3 1/2 months’ worth of information from Harris’ Twitter account. (Note: I am unable to verify whether any of Harris’ tweets related to what he ate for breakfast or whether he thinks One Direction is way better than Justin Bieber.) (more…)
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Tags:Brooklyn Bridge, Harris, New York, New York City, New York City Criminal Court, New York Constitution, Occupy Wall Street, Twitter
Posted in privacy, social knowledge, social media, Twitter | Leave a Comment »
May 9, 2012
MasterCard logo used on cards 1997 to present. (Photo credit: Wikipedia)
The recent decision of the Ontario Superior Court of Justice in Aldo Group Inc. v. Moneris Solutions Corporation, 2012 ONSC 2581 (CanLII) poses the question:
Can a forum selection clause bind a person who was not a signatory to the contract containing the clause?
In a lengthy judgment, D.M. Brown J. of the Toronto Commercial List Court considered a motion brought by the co-defendant, MasterCard International, Inc. ["Mastercard"] asserting that the claim brought by the plaintiff, Aldo Group Inc. a footwear retailer ["Aldo"] was subject to a forum selection clause specifying the New York courts by reason of the nature of the plaintiff’s claims pleaded against MasterCard, notwithstanding that Aldo was not a privy to either of the two contracts containing the New York forum selection clause. (more…)
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Tags:ALDO Group, Financial services, Forum selection clause, MasterCard, Moneris Solution, New York, New York State, Ontario Superior Court of Justice
Posted in "strong cause" test, conflict of laws, consent-based jurisdiction, forum non conveniens, forum selection, forum selection clause, Forum Shopping, jurisdiction, jurisdiction simpliciter, Momentous.ca, Van Breda v. Village Resorts Ltd., Z.I. Pompey | 1 Comment »
March 29, 2012
Logo for The Home Depot. Category:Brands of the World (Photo credit: Wikipedia)
In Young v. Home Depot (U.S.A.), 2012 ONSC 1971 (CanLII), the defendant Home Depot USA, Inc. ["Home Depot USA"] moved for a stay of proceedings on the basis that the Ontario Court should not assume jurisdiction of a tort action relating to a slip and fall accident that occurred on June 22nd, 2009 in Watertown, New York State, United States of America. The plaintiffs issued a claim out of the Ontario Superior Court of Justice in Peterborough, Ontario and named Home Depot, U.S.A. Inc., as a defendant. The plaintiff, Melanie Doris Young, claimed damages for a personal injury suffered when she tripped over a bunched up section of rug located at the entrance to the Home Depot store. She further alleged that she attended the store with her brother who found the Home Depot Canada and Home Depot USA sites on the internet in search of certain products. He determined that the cheapest could be obtained at the Watertown location and thus the reason for the trip to Watertown. (more…)
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Tags:Canada, Home Depot, Home Depot Canada, New York, Ontario, Ontario Superior Court of Justice
Posted in assumed jurisdiction, comity, in personam jurisdiction, international law, international litigation, jurisdiction, jurisdiction simpliciter, real and substantial connection, Van Breda, Van Breda v. Village Resorts Ltd. | Leave a Comment »
March 2, 2012
My colleague, Ted Folkman, a Boston area lawyer with a focus on international commercial litigation who also authors the excellent Letters Blogatory, sent me this tweet recently:
Ted and I have had a continuing debate over the issue of validity of service by mail of a Complaint by a U.S. plaintiff on a Canadian defendant under the Hague Service Convention. (more…)
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Tags:Hague Service Convention, New York, New York Supreme Court, Ontario, Process Service, United States
Posted in comity, conflict of laws, New York, New York State Thruway Authority v. Fenech, personal jurisdiction, private international law, Procedural Justice, procedural rights, procedure, Procedure vs. Substance, public policy | 7 Comments »
First Amendment attorney Marc Randazza provides a forensic demonstration on how a real "take down lawyer" handles an online scam artist who is impersonating a lawyer and extorting his victims for a fee. See also, Marc's follow-up posts: isanybodydown.com responds! , More on operation "involuntary porn" and Still more on isanybodydown.com
I also highly recommend Ken @ Popehat's companion post: "The Takedown Lawyer": Let's Help Marc Randazza Investigate A Scammer, Shall We?
Antonin I. Pribetic
