Legal Opinion
Gottlieb v. Carnival Corp.
District Court, E.D. New York
Decided April 28, 2005No. 04-CV-4202 (ILG)PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
GLASSER, District Judge.
In this action Sherman Gottlieb (“plaintiff’) alleges that Carnival Corporation (“defendant” or “Carnival”) sent him unsolicited facsimiles advertising its business. Plaintiff asserts causes of action under the Telephone Consumer Protection Act (“TCPA” or the “Act”), 47 U.S.C. § 227(b)(1), and New York General Business Law (“N.Y.Gen.Bus.Law”) § 396-aa. Pending before the Court is defendant’s motion to dismiss.
FACTS
The Court takes the following facts from plaintiffs amended complaint and accepts them as true as it must on a motion to dismiss.…
2Cases cited25 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
- Nowak v. Ironworkers Local 6 Pension FundCourt of Appeals for the Second Circuit · 1996
- Shoshone Mining Co. v. RutterSupreme Court of the United States · 1900
- International Science & Technology Institute, Incorporated v. Inacom Communications, IncorporatedCourt of Appeals for the Fourth Circuit · 1997
20 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sherman Gottlieb v. Carnival Corporation, No. 05-2733 CvCourt of Appeals for the Second Circuit · 2006
- Klein v. Vision Lab Telecommunications, Inc.District Court, S.D. New York · 2005
- US Fax Law Center, Inc. v. iHire, Inc.Court of Appeals for the Tenth Circuit · 2007
- Us Fax Law Center, Inc., a Colorado Corporation v. Ihire, Inc., N/k/a Value Asset Leasing, Inc., a Maryland Corporation Ihire, Llc, a Delaware Limited Liability Company David MacFadyen Individually and in His Official Capacity as President and CEO of Ihire, N/k/a Value Asset Leasing, Inc. Donald MacFadyen Individually and in His Official Capacity as a Director of Ihire, N/k/a/ Value Asset Leasing, Inc. Jason MacFadyen Individually and in His Official Capacity as a Director of Ihire, N/k/a Value Asset Leasing, Inc. Melvin Coursey, Individually Megan Coursey, Individually R.J. Friedlander, Individually Mack Friedlander, Individually Katie Friedlander, Individually Laurie Bryan, Individually Alana Craft-Denton, Individually Eric Hartman, Individually Dawn Bair, Individually Richard McInyre Individually Bernard Hoffman, Individually Loma Hoffman, Individually Malory Factor, Individually Eric Von Hippel, Individually Greg Williams, Individually Shawn Parker, Individually Ron Goldberg, Individually John Estep, Individually Butch Fisher, Individually Janine Rathburn, Individually, Consumer Crusade, Inc., a Colorado Corporation v. Sunbelt Communications and Marketing, Llc, a Nevada Limited Liability Company Lara L. Horne-Albrecht, Its Officers and Directors, Consumer Crusade, Inc., a Colorado Corporation v. Scientific Research Group, Inc., a Florida Corporation Brian McClintock Its Officer(s) and Director(s), Consumer Crusade, Inc., a Colorado Corporation v. Avalona Communications, a Florida Corporation, Doing Business as stockreporters.com, Peter Emmanuel, Its Officers and Directors, Consumer Crusade, Inc., a Colorado Corporation v. Live Leads Corporation, a California Corporation Justin Snyder, Its Officer and Director, Consumer Crusade, Inc., a Colorado Corporation v. Ihire, Llc, a Delaware Limited Liability Company David MacFadyen Its Officer(s) and Director(s)Court of Appeals for the Tenth Circuit · 2007
- Patriotic Veterans, Inc. v. Indiana Ex Rel. ZoellerDistrict Court, S.D. Indiana · 2011
2 more not listed; retrieve them via the Exa API.