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
Refimprove date June 2011 Infobox United States District Court Case name Doev. 2themart.com Inc. court ... not be issued. Therefore, Doe s motion to quash the subpoena was granted. keywords Anonymous post , Doe subpoena Doev. 2themart.com Inc. Case citation 140 F. Supp. 2d 1088 2001 , was a federal case ... the strength of the plaintiff s case. Dendrite International, Inc. v. Doe No. 3 Dendrite test ..., Inc. v. Doe Mobilisa test . When deciding this case, the court set forth a new three part test by considering ...?id huqb4yxV01MC&pg SA8 PA58 IA1&lpg SA8 PA58 IA1&dq Doev. 2TheMart.com Inc.&source bl&ots 8o5WYIGjqk ... 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 Inc. Category United .... Doev. Cahill Cahill test , called the Summary Judgment standard. The plaintiff must state the exact ... 7&ved 0CDkQ6AEwBjgK v onepage&q Doe 20v. 202TheMart.com 20Inc.&f false Law of the Internet , Google ... Internet user by enforcing a civil Doe subpoena subpoena . The court held that 2TheMart.com ..., Doe s motion to quash the subpoena was granted. History In a previous case, the shareholders ... to a local internet service provider , Silicon Investor InfoSpace, Inc. InfoSpace , on which TMRT ... of receipt of the subpoena. One of the users moved to quash the subpoena under a pseudonym JohnDoeDoe , alleging that enforcement of the subpoena would violate his or her First Amendment right ... 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 to discover the identity ... court authority on the issue of a third party seeking through a civil subpoena to Doe subpoena reveal ... 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 in this case the anonymous ... more details
, Inc. v. JohnDoe No. 3 Citations Prior On appeal from Superior Court of New Jersey, Chancery ... tag dendrite international incvjohndoe no 3 Defamation Law Blog Law Category United States ...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 ... Laws ref References Reflist Related Links Doev. 2themart.com Inc. Cable TV Privacy Act Electronic ..., 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 ..., No. 63 pdf . Retrieved on 2011 03 01. ref , and The Mortgage Specialists, Inc. v. Implode Explode Heavy Industries, Inc. Background No uniform standard exists in the United States for determining the circumstances .... http ssrn.com abstract 1365326 Who s Exposing JohnDoe Journal of Technology Law & Policy, Vol. 13, No. 1, 2008 ref The original Superior Court case, Dendrite International, Inc. v. Does , was a lawsuit brought by Dendrite International, Inc. since acquired by Cegedim ref http www.businesswire.com ... 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 , Independent Newspapers v. Brodie ... of Does No. 1 and 2, but denied access to Does 3 and 4. ref name USAT Doe No. 3 s comments were ... to Doe No. 3. Opinion The appellate court affirmed the lower court s opinion, finding that Dendrite ... 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 ... also 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
case or action, the surnames Doe and Roe may be used simultaneously for example, JohnDoev. Jane Roe . If several anonymous parties are referenced, they may simply be labelled JohnDoe 1, JohnDoe 2, etc. the U.S. Operation Delego cited 21 numbered JohnDoe s or labelled with JohnDoe Other variants other variants of Doe Roe Poe etc. Other early alternatives such as John Stiles and Richard Miles ...about a term for anonymous characters The names JohnDoe for males and Jane Doe or Jane Roe for females ... the use of JohnDoe in a legal context originates. The name Joe Bloggs is used in the U.K instead, as well as in Australia and New Zealand. Usage JohnDoe is sometimes used to refer to a typical male ... Smith . For example, the first name listed on a form 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 . Similarly, a child or baby ... cite web url http www.worldwidewords.org qa qa joh2.htm publisher World Wide Words title JohnDoe author ... name JohnDoe can cause difficulty, such as being stopped by airport security or suspected of being ... 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 ... JohnDoe ref The Oxford English Dictionary states that JohnDoe is the name given to the legal fiction ... characters 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 ... 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 ... and is threatening to disclose it, a JohnDoe injunction may be sought against that person. The first ... 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 Companies based in Toronto Category Defunct record labels of Canada Canada record label stub ... more details
SCCInfoBox case name Caloil Inc. v Attorney General of Canada full case name Caloil Inc. v. The Attorney General of Canada heard date November 23 and 24, 1970 decided date November 24, 1970 citations 1971 S.C.R. 543 docket history Judgment for the Attorney General of Canada by the Exchequer Court of Canada . ruling Appeal dismissed. ratio The Canadian federalism federal government is allowed to enact legislation that regulates international or interprovincial trade, even if the result of the legislation affects trade within a province. SCC 1970 1973 Unanimous Majority Pigeon J. JoinMajority Fauteux C.J. and Abbott, Ritchie, Hall, and Spence JJ. Concurrence Laskin J. JoinConcurrence Martland and Judson JJ. Concurrence Dissent JoinConcurrence Dissent Dissent JoinDissent NotParticipating LawsApplied Orphan date December 2009 Caloil Inc. v. Attorney General of Canada 1971 S.C.R. 543 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. External links lexum scc2 1971 0 543 94 1970 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 1971 in case law Canada law stub ... more details
SCCInfoBox case name Apotex Inc. v. Sanofi Synthelabo CanadaInc. full case name Sanofi Synthelabo CanadaInc., Sanofi Synthelabo and Minister of Health heard date April 16, 2008 decided date November 6, 2008 citations 2008 SCC 61, 2008 3 S.C.R. 265 docket 31881 history Judgment against Apotex in the Federal Court of Appeal . ruling Appeal dismissed ratio Selection patents are not invalid under the Patent Act Canada Patent Act . SCC 2006 2008 Unanimous Rothstein J. NotParticipating McLachlin C.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 A selection patent by definition is a patent for a selection of compounds from a larger class of compounds described in a prior patent. The prior patent, often referred to as the originating patent or genus patent, is usually based on the discovery of a new reaction or class of compounds. As with all ... the four step approach 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 ... patent novelty requirement. The Supreme Court of Canada employed a two part test for anticipation. In order ... of Canada cases McLachlin Court External links Trial lexum scc 2008 61 Patents http patents.ic.gc.ca ... No. 1,336,777 References Reflist 2 Category Supreme Court of Canada cases Category 2008 in Canada ... 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
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 Italic title In the case of Sony BMG Music Entertainment et al. v. Tenenbaum , record label Sony BMG , along with Warner Bros. Records ... digest copyright sony bmg music entertainment v tenenbaum Stephanie Weiner , Sony BMG Music Entertainment v. Tenenbaum, August 12, 2009 , accessed April 4, 2012 ref After the judge entered ... 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 2011 11 23 ref During ... of the remittitur question ref cite court litigants Sony BMGv. Tenenbaum url http www.ca1.uscourts.gov ... docket circuit courts ca1 10 1947 Sony BMG Music Entertainment, et al v. Joel Tenenbaum , no. 10 ... audio 10 1883.mp3 Oral argument MP3 , Sony BMG Music Entertainment, et al v. Joel Tenenbaum , no. 10 ... Tenenbaum es Caso RIAA contra Tenenbaum fr Sony BMGv. Tenenbaum ... law . It was only the second file sharing case after Capitol v. Thomas to go to verdict in the Recording ... v Joel Tenenbaum title Case 1 03 cv 11661 NG Document 909 Jury Instructions date July 31, 2009 accessdate ... 4, 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 Case Makes Its Way to First ... his case, which denies him another opportunity to argue his case against Sony BMG Music Entertainment ... width auto table layout fixed Copyright Owner Artist Recording Title Album Title Sony BMG Music Entertainment ... Records Outkast Wheelz of Steel Atliens Sony BMG Music Entertainment Incubus band Incubus Pardon ... Around The Fur Sony BMG Music Entertainment The Fugees Killing Me Softly The Score Warner Bros. Records ... 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 Rage Against The Machine ... more details
. External links lexum scc2 1983 1 147 121 DEFAULTSORT Canada Labour Relations Board V. Paul L anglais Inc. Category Supreme Court of Canada cases Category 1983 in Canada Category Canada labour case ...Orphan date December 2009 Unreferenced date December 2009 Infobox SCC case name Canada Labour Relations Board et al. v. Paul L Anglais Inc. et al full case name The Canada Labour Relations Board and the Attorney General of Canadav. Paul L Anglais Inc. and J.P.L. Productions Inc. br The Canadian Union of Public Employees v. Paul L Anglais Inc. and J.P.L. Productions Inc. heard date October 25 and 26, 1982 decided date February 8, 1983 citations 1983 1 S.C.R. 147 docket 16384 history Judgments for Paul L Anglais Inc. and J.P.L. Productions Inc. in the Court of Appeal for Quebec . subsequent ruling Appeals dismissed. ratio Parliament of Canada Parliament does not have the power remove a superior court s jurisdiction to interpret and apply the Constitution of Canada constitution . SCC 1982 1984 Unanimous Chouinard J. Majority JoinMajority Concurrence JoinConcurrence Concurrence Dissent JoinConcurrence Dissent Dissent JoinDissent NotParticipating Laskin C.J. and Richie J. LawsApplied 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 Industrial Relations Board . CUPE applied to have the companies ... government can create a court for the better administration of the laws of Canada as per section ... decisions such the jurisdiction trilogy of Cuddy Chicks Ltd. v. Ontario , Douglas College case, and the T treault ... 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
SCCInfoBox case name Canada Director of Investigation and Research v. Southam Inc. full case name Southam Inc., Lower Mainland Publishing Ltd., RIM Publishing Inc., Yellow Cedar Properties Ltd., North Shore Free Press Ltd., Specialty Publishers Inc., and Elty Publications Ltd. v, Director of Investigation and Research heard date November 25, 1996 decided date November 25, 1996 and March 30, 1997 citations 1997 1 S.C.R. 748 docket 24915 history Judgment for the Director of Investigation and Research Competition Tribunal in the Federal Court of Appeal . ruling Appeal allowed in part. ratio Besides the standards of correctness and patently unreasonableness , a middle ground standard of review is required for certain judicial reviews the standard of reasonableness . SCC 1992 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 ... the standard of review from Pezim v. British Columbia Superintendent of Brokers . ref 1994 2 S.C.R. ... reflist 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 ... more details
Infobox SCC case name Century Services Inc. v. Canada Attorney General full case name heard date May 11, 2010 decided date December 16, 2010 citations Canlii scc litigants link year 2010 source SCC num 60 parallelcite 2010 3 SCR 379 date courtname juris docket 33239 history Appealed from 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. 167 subsequent ruling ratio SCC 2008 2011 Majority Deschamps J. Concurrence Fish J. Dissent Abella J. LawsApplied Companies Creditors Arrangement Act , Bankruptcy and Insolvency Act , Excise Tax Act GST 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 ... redundant assets. Century Services Inc was one of the major secured creditors of LeRoy. In April 2008 .... As LeRoy 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 ... scheme 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 ... insolvency case law Category Supreme Court of Canada cases Category 2010 in case law Category 2010 in Canada ... more details
. v. Doe No. 3 . ref name dendrite Cite court litigants Dendrite International Inc. v. JohnDoe No. 3 ... refs ref name dendrite Cite court litigants Dendrite International Inc. v. JohnDoe No. 3 vol 775 ... ref name bestwestern Cite court litigants Best Western, International, Inc. v. Doe vol WL 2091695 ... Reunion Industries, Inc. v. Doe 1 vol 80 Pa. D & C. 4th 449 reporter opinion pinpoint court date ...Infobox Court Case name Krinsky v. Doe 6 court California Courts of Appeal image imagesize caption full ... States Internet speech Internet speech Krinsky v. Doe 6 , was a decision by the California Courts .... ref name krinskyvdoe6 Facts of the case Plaintiff Lisa Krinsky sued 10 anonymous JohnDoeDoe defendants .... The Court reviewed the summary judgement standard applied in Doev. Cahill but did not agree that plaintiffs ... statement was posted. ref name cahill Cite court litigants Doev. Cahill vol 884 A.2d 451 reporter opinion pinpoint court Del. date 2005 url https www.eff.org files filenode Doev Cahill doev cahill ... Constitution . See also Anonymity on the Internet Anonymous post Doev. Cahill Anonymous Online Speakers v. United States District Court for the District of Nevada Dendrite International, Inc. v. Doe No. 3 Reunion Industries, Inc. v. Doe 1 ref name reunion Cite court litigants Reunion Industries, Inc. v. Doe 1 vol 80 Pa. D & C. 4th 449 reporter opinion pinpoint court date 2007 url accessdate quote ref Best Western, International, Inc. v. Doe ref name bestwestern Cite court litigants Best Western, International, Inc. v. Doe vol WL 2091695 reporter opinion pinpoint court date 2006 url accessdate quote ref Brendan L. Smith January 1, 2010 , Meet JohnDoe ABA Journal American Bar Association ref cite url http www.abajournal.com magazine article meet johndoe title Meet JohnDoe work ABA Journal ... Lidsky first Lisa Barnett title Anonymity in Cyberspace What Can We Learn from JohnDoe? journal Boston ... litigants Doev. Cahill vol 884 A.2d 451 reporter opinion pinpoint court Del. date 2005 url https www.eff.org ... 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 Category Cases related to the American ... more details
Infobox SCOTUS case 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 ... Slip 04 03 1395 Tenet v. Doe Official U.S. Supreme Court opinion, March 2, 2005 PDF format http caselaw.lp.findlaw.com ... 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 .... The couple settled in Washington U.S. state Washington state , where Doe obtained employment .... Years later, in 1997, Doe was laid off. Unable to find new employment, due to restrictions by the CIA .... That request was denied by the CIA, which provided no avenue for Doe to appeal the decision. Doe brought the suit before the U.S. District Court for the Western District of Washington, and the case ... Court considered 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 spies the right to sue the United States and the CIA for alleged violations of espionage ... 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
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 tort case law Category Roman Catholic Church sex abuse scandal in Canada Category 2003 in case law Category 2003 in Canada Category 2003 in religion Canada law stub ... 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
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 ... political criticism of a public figure. ref name Doe See also Anonymous Online Speakers v. United ... 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 ... more details
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