Milgram V. Orbitz
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Milgram V. Orbitz
In ''Milgram v. Orbitz Worldwide, LLC'',''Milgram v. Orbitz Worldwide, LLC''ESX-C-142-09(N.J. Super. Ct. Aug. 26, 2010). the New Jersey Superior Court held that online ticket resellers qualified for immunity under Section 230 of the Communications Decency Act (CDA), and that such immunity preempted a state law consumer fraud statute. The opinion clarified the court's test for determining whether a defendant is acting as a publisher, the applicability of the CDA to e-commerce sites, and the extent of control that an online intermediary may exercise over user content without becoming an "information content provider" under the CDA. The opinion was hailed by one observer as a "rare defeat for a consumer protection agency" and the "biggest defense win of the year" in CDA § 230 litigation. Background Factual background TicketNetwork was a software company that operated TicketNetwork Exchange, an "online marketplace" for ticket resales.
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New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts.Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 7:1-1 Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'"Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 4:1-1 The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts. The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by ...
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False Pretenses
In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact. Elements The elements of false pretenses are: *a false representation *of a material past or existing fact *which the person making the representation knows is false *made for the purpose of causing *and which does cause *the victim to pass title *to his property False pretenses is a statutory offense in most jurisdictions; subject matter covered by statute varies accordingly, and is not necessarily limited to tangible personal property - some statutes include intangible personal property and services. For example, the North Carolina false pretense statute applies to obtaining "any money, goods, property, services, choses in action, or any other thing of value ..." Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does ...
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New Jersey State Case Law
New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, 1995 Songs * "New" (Daya song), 2017 * "New" (Paul McCartney song), 2013 * "New" (No Doubt song), 1999 *"new", by Loona from '' Yves'', 2017 *"The New", by Interpol from ''Turn On the Bright Lights'', 2002 Acronyms * Net economic welfare, a proposed macroeconomic indicator * Net explosive weight, also known as net explosive quantity * Network of enlightened Women, a conservative university women's organization * Next Entertainment World, a South Korean film distribution company Identification codes * Nepal Bhasa language ISO 639 language code * New Century Financial Corporation (NYSE stock abbreviation) * Northeast Wrestling, a professional wrestling promotion in the northeastern United States Transport * New Orleans Lakefront Ai ...
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Section 230 Of The Communications Decency Act
Section 230 is a section of Title 47 of the United States Code that was enacted as part of the United States Communications Decency Act and generally provides immunity for website platforms with respect to third-party content. At its core, Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Section 230(c)(2) further provides "Good Samaritan" protection from civil liability for operators of interactive computer services in the good faith removal or moderation of third-party material they deem "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected." Section 230 was developed in response to a pair of laws ...
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Orbitz Brands
Orbitz.com is a travel fare aggregator website and travel metasearch engine. The website is owned by Orbitz Worldwide, Inc., a subsidiary of Expedia Group. It is headquartered in the Citigroup Center, Chicago, Illinois. Background Originally established through a partnership of major airlines, and subsequently owned by various entities, Orbitz.com – the flagship brand of Orbitz Worldwide – has been in operation since 2001. Other Orbitz Worldwide online travel companies include CheapTickets in the Americas; ebookers in Europe; and HotelClub and RatestoGo, based in Sydney. Orbitz Worldwide also owns and operates Orbitz for Business, a corporate travel company. Orbitz was the airline industry's response to the rise of online travel agencies such as Expedia and Travelocity, as well as a solution to lower airline distribution costs. Continental Airlines, Delta Air Lines, Northwest Airlines, and United Airlines, subsequently joined by American Airlines, invested a co ...
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2010 In United States Case Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by  2, although by other definitions 1 is the second natural number, following  0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the s ...
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United States Internet Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Fair Housing Council Of San Fernando Valley V
A fair (archaic: faire or fayre) is a gathering of people for a variety of entertainment or commercial activities. Fairs are typically temporary with scheduled times lasting from an afternoon to several weeks. Types Variations of fairs include: * Art fairs, including art exhibitions and arts festivals * County fair (USA) or county show (UK), a public agricultural show exhibiting the equipment, animals, sports and recreation associated with agriculture and animal husbandry. * Festival, an event ordinarily coordinated with a theme e.g. music, art, season, tradition, history, ethnicity, religion, or a national holiday. * Health fair, an event designed for outreach to provide basic preventive medicine and medical screening * Historical reenactments, including Renaissance fairs and Dickens fairs * Horse fair, an event where people buy and sell horses. * Job fair, event in which employers, recruiters, and schools give information to potential employees. * Regional or state fair, an ...
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Carafano V
Carafano is a surname. Notable people with the surname include: *Chase Masterson Chase Masterson (born Christianne Carafano on February 26, 1963) is an American actress and singer. Early life Chase Masterson was born Christianne Carafano in Colorado Springs, Colorado. As her father was in the Army,James Carafano (born 1955), American military writer {{Short pages monitor ...
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Barnes V
Barnes may refer to: People *Barnes (name), a family name and a given name (includes lists of people with that name) Places United Kingdom *Barnes, London, England **Barnes railway station **Barnes Bridge railway station **Barnes Railway Bridge ** Barnes Hospital, London **Municipal Borough of Barnes (1894 to 1965) * Barnes, Sunderland, England *Barnes Castle, East Lothian, Scotland *Barnes Hall, Sheffield United States *Barnes, Kansas *Barnes County, North Dakota *Barnes Creek (Washington), a stream in the State of Washington *Barnes Creek (Wisconsin), a stream in Wisconsin * Barnes Lake (other) Elsewhere *Barnes, New South Wales, Australia *Barnes Ice Cap, on Baffin Island, Canada Other uses *Barnes Foundation, art museum in Philadelphia, Pennsylvania, USA * Barnes Group, a global industrial and aerospace manufacturer *Barnes Hospital, Cheadle, Greater Manchester, England *Barnes–Hut simulation of gravitational forces *Barnes-Jewish Hospital, in St. Louis, Misso ...
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Stratton Oakmont, Inc
Stratton may refer to: People * Stratton (surname) Places Australia * Stratton, Western Australia Canada * Stratton, Ontario England * Stratton, Cornwall * Stratton, Dorset * Stratton, Gloucestershire * Stratton-on-the-Fosse, Somerset * Stratton Hall, Suffolk * Stratton St Margaret, Wiltshire United States * Stratton, California, original name of Cuyamaca, California; also the former name of Stratford, California * Stratton, Colorado * Stratton, Maine * Stratton (Centreville, Maryland) * Stratton, Nebraska * Stratton, Ohio * Stratton, Vermont, New England town ** Stratton Mountain (Vermont), mountain in the town ** Stratton Mountain Resort, ski area on the mountain ** Stratton Mountain, Vermont, resort community at base of ski area * Stratton, Virginia * Stratton Lake, a lake in Minnesota Other uses * ''Stratton'' (film), a 2017 British film * Stratton (crater), a lunar crater * Stratton (company), an English manufacturer of powder compacts and other cosmetics-related me ...
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Online Service Provider
An online service provider (OSP) can, for example, be an Internet service provider, an email provider, a news provider (press), an entertainment provider (music, movies), a search engine, an e-commerce site, an online banking site, a health site, an official government site, social media, a wiki, or a Usenet newsgroup. In its original more limited definition, it referred only to a commercial computer communication service in which paid members could dial via a computer modem the service's private computer network and access various services and information resources such as bulletin board systems, downloadable files and programs, news articles, chat rooms, and electronic mail services. The term "online service" was also used in references to these dial-up services. The traditional dial-up online service differed from the modern Internet service provider in that they provided a large degree of content that was only accessible by those who subscribed to the online service, while ...
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