Gordon v. Virtumundo, Inc., No. 07-35487 - - U.S. Ninth Circuit
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Gordon v. Virtumundo, Inc., No. 07-35487

In an action against an online marketer for sending unsolicited e-mail (i.e. spam), summary judgment for defendants-spammers is affirmed where: 1) plaintiff was not an "Internet access service" provider within the meaning of the CAN-SPAM Act; and 2) plaintiff was not "adversely affected by" spam e-mail solely by virtue of receiving a large amount of commercial e-mail.

Read Gordon v. Virtumundo, Inc., No. 07-35487

Appellate Information

Argued and Submitted December 9, 2008

Filed August 6, 2009

Judges

Opinion by Judge Tallman

Counsel

For Appellant:

Timothy J. Walton, Walton & Rose, LLP, Palo Alto, CA

For Appellees:

Derek Newman, Newman & Newman, Attorneys at Law, LLP, Seattle, WA

Randall Moeller, Newman & Newman, Attorneys at Law, LLP, Seattle, WA