Legal Opinion
Theofel v. Farey-Jones
Court of Appeals for the Ninth Circuit
Decided August 28, 2003No. Nos. 02-15742, 03-15301PublishedCited by 86 opinions
1Opinion of the Court
ORDER
The opinion filed on August 28, 2003, 341 F.3d 978, shall be amended as follows.
Replace footnote 2, 341 F.3d at 984, with:
Prosser and Keeton say that a plaintiffs consent is probably invalid if the defendant “ought to have known in the exercise of reasonable care” about the mistake. Prosser & Keeton § 18, at 119. Because the Stored Communications Act defines a criminal offense and includes an explicit mens rea requirement, see 18 U.S.C. § 2701(a)(1), we do not think a defendant can be charged with constructive knowledge on a showing of mere negligence. Rather, the defendant must have…
2Cases cited20 opinions
- Bumper v. North CarolinaSupreme Court of the United States · 1968
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
- Lewis v. United StatesSupreme Court of the United States · 1967
- United States v. GonzalesSupreme Court of the United States · 1997
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3Cited by86 opinions
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- In Re Google Inc. Cookie Placement Consumer Privacy LitigationCourt of Appeals for the Third Circuit · 2015
- Anzaldua v. Northeast Ambulance & Fire Protection DistrictCourt of Appeals for the Eighth Circuit · 2015
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