Legal Opinion
Michael Nack v. Douglas Walburg
Court of Appeals for the Eighth Circuit
Decided May 21, 2013No. 11-1460PublishedCited by 37 opinions
1Opinion of the Court
MELLOY, Circuit Judge.
Plaintiff Michael Nack appeals the district court’s grant of summary judgment in this case arising under the Telephone Consumer Protection Act of 1991 (“TCPA”), Pub.L. No. 102-243, 105 Stat. 2394, as amended by the Junk Fax Prevention Act of 2005 (“JFPA”), Pub.L. No. 109-21, 119 Stat. 359. Nack bases his claims upon the receipt of one fax advertisement from Defendant Douglas Walburg, which Nack’s agent undisputedly consented to receive. The one fax Nack received did not contain opt-out language that he argues was mandated by federal regulation. 47 C.F.R. §…
2Cases cited13 opinions
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Alexander v. SandovalSupreme Court of the United States · 2001
- Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
- New York Telephone Co. v. New York State Department of LaborSupreme Court of the United States · 1979
- Chase Bank USA, N. A. v. McCoySupreme Court of the United States · 2011
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Samuel Zean v. Fairview Health ServicesCourt of Appeals for the Eighth Circuit · 2017
- Sandusky Wellness Center, LLC v. ASD Specialty Healthcare, Inc.Court of Appeals for the Sixth Circuit · 2017
- Mark S. Mais v. Gulf Coast Collection Bureau, Inc.Court of Appeals for the Eleventh Circuit · 2014
- Ronda DePriest v. Dennis MilliganCourt of Appeals for the Eighth Circuit · 2016
- Physicians Healthsource, Inc. v. Stryker Sales Corp.District Court, W.D. Michigan · 2014
32 more not listed; retrieve them via the Exa API.