http://www.eff.org/pub/Legal/Cases/Avrahami_v_USNWR/
Last Updated Thu Mar 13 10:41:36 PDT 2003
Files in this Archive
- 960703_avrahami.appeal
- Avrahami's notice of appeal. Appellant
intends to appeal Circuit court ruling against his complaint that US
News and World Report illegally abused his privacy rights when it sold
his name to another magazine via a mailing list exchange. (Circuit
Judge Willam Newman curiously ruled that the use of one's name in a
mailing list is not actionable. The judge also ruled that changing the
spelling of the name renders it unprotected, despite clear statutory
language that specifies that a name or likeness only has to "clearly
identify" a person.
From USNWR v. Avrahami, Circuit Court of Arlington Co., VA (At Law
95-1318), and from Avrahami v. USNWR, in the Circuit Court of
Arlington Co., VA (In Chancery 96-203), these cases now merged.
- 960614_avrahami_ruling.announce
- Avrahami's press release on the Circuit
Court ruling against his complaint that US News and World Report
illegally abused his privacy rights when it sold his name to another
magazine via a mailing list exchange.
From USNWR v. Avrahami, Circuit Court of Arlington Co., VA (At Law
95-1318), and from Avrahami v. USNWR, in the Circuit Court of
Arlington Co., VA (In Chancery 96-203), these cases now merged.
- 960604_avrahami_trial.brief
- Ram Avrahami's trial brief, laying out
why US News & World Report broke the law & violated his privacy when it
sold his name on a mailing list without his permission. Argues very
convincingly against USNWR's defenses.
From USNWR v. Avrahami, Circuit Court of Arlington Co., VA (At Law
95-1318)
- 960604_avrahani_trial.announce
- Ram Avrahami press release regarding the
progress of his case against US News for privacy violation in the form
of selling his name on a mailing list, without his permission.
From USNWR v. Avrahami, Circuit Court of Arlington Co., VA (At Law
95-1318), and from Avrahami v. USNWR, in the Circuit Court of
Arlington Co., VA (In Chancery 96-203)
- 960426_usnwr_complaint.answer
- US News' answer to bill of complaint, and
filing of 5 grounds for defense.
From Avrahami v. USNWR, in the Circuit Court of Arlington Co., VA (In
Chancery 96-203)
- 960417_avrahami_defense.answer
- Ram Avrahami's grounds for defense to
USNWR's amended motion for declaratory relief.
From USNWR v. Avrahami, Circuit Court of Arlington Co., VA (At Law
95-1318)
- 960401_usnwr_memo_and_amended.motion
- USNWR's motion for leave to file
amended motion for judgement for declaratory relief (upon learning that
Avrahami intentionally misspelled his name "Avrahani" when subscribing to
USNWR so that he would know if junkmailers got his name from USNWR),
and the amended motion for judgement for declaratory relief itself,
plus USNWR memorandum in support of the motion to introduce the
amended motion (follow that?)
From USNWR v. Avrahami, Circuit Court of Arlington Co., VA (At Law
95-1318)
- 960328_avrahami_defense.answer
- Avrahami's grounds for defense reply to
USNWR's original motion for declaratory relief.
From USNWR v. Avrahami, Circuit Court of Arlington Co., VA (At Law
95-1318)
- 960328_avrahami_new.complaint
- Avrahami's new bill of complaint against
USNWR, seeking to enjoin USNWR from using Avrahami's name, and seeking
award of damages.
From Avrahami v. USNWR, in the Circuit Court of Arlington Co., VA
(In Chancery 96-203)
- 960206_avrahami_delay.announce
- Ram Avrahami press release regarding
delays in his case against US News for privacy violation in the form
of selling his name on a mailing list, without his permission.
The district judge ruled that his court does not have jurisdiction.
Avrami appealed to the Circuit Court.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479) and from USNWR v. Avrahami, Circuit
Court of Arlington Co., VA (At Law 95-1318)
- 960205_avrahami.article
- Ram Avrahami's _Los_Angeles_Times_ article, "My
Life Is Not for Sale", detailing his privacy violation lawsuit against
USNWR.
- 960202_usnwr_judgment_motion.response
- US News' response to motion for
summary judgment. US News asserts that Avrahami's motion is
"procedurally groundless and wholly devoid of factual support".
As with the protective order motion, it becomes clear that
both sides are being tricky - Avrahami is filings for relief that is
not available in the court in question (simply to get press coverage,
according to USNWR), and USNWR's case is actually fairly weak, and they
are relying on procedural nitpicks at this point.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
- 960202_usnwr_protective_order.motion
- US News' motion for protective
order concerning request for admission (on the grounds that the rules
that allow admission of written discovery to be ordered do not apply
to the court in question.)
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
- 960202_usnwr_quash_subpoena.motion
- US News & World Report's motion to
quash subpoena duces tecum, on grounds that the subpoena was served
outside the jurisdiction of the court. Avrahami had sought a copy of
the mailing list bearing his name that US News sold to Smithsonian,
and of other relevant documents that USNWR claims are proprietary
and/or irrelevant.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
- 960116_avrahami_summary_judgment.motion
- Avrahami's motion for summary
judgment against US News & World Report, seeking actual & punitive
damages and an injunction, for USNWR's selling of Avrahami's name on a
mailing list in alleged contravention of Virginia's Privacy Act.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
- 960116_avrahami_admission.request
- Avrahami's request for admission -
Avrahami attepts to elicit from UNSWR that the magazine sold to
Smithsonia a mailing list bearing his name.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
- 960116_avrahami_motion.announce
- Avrahami's press release about his
motion for summary judgment.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
- 951127_avrahami_stay_denial.announce
- Avrahami's press release about
a delay in the proceedings, and the denial of USNWR's motion for stay.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479) and from USNWR v. Avrahami, Circuit
Court of Arlington Co., VA (At Law 95-1318)
- 951121_usnwr_continuance.motion
- US News' motion for continuance (delay).
USNWR's attorneys had a scheduling conflict with another case.
This motion was granted. USNWR also moved to have the trial stayed
entirely until their side case, seeking a declaration from the court that
trading names via mailing lists without named parties' consent is legal.
The court denied that motion.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
- 951113_avrahami_stay_motion.opposition
- Avrahami's opposition to USNWR's
motion to stay his case, and proceed with their own.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
- 951113_avrahami_motion.demurrer
- Avrahami's demurrer to USNWR's motion
for declaratory judgement, arguing that UNSWR's motion is contrary
to state law. From USNWR v. Avrahami, Circuit Court of Arlington Co.,
VA (At Law 95-1318)
- 951113_avrahami_demurrer.announce
- Avrahami's press release about the
demurrer and motion he filed earlier in the day.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479) and from USNWR v. Avrahami, Circuit
Court of Arlington Co., VA (At Law 95-1318)
- 951024_usnwr_stay.motion
- US News & World Report's motion for stay,
in the General District Court of Arlington County, seeking to prevent
the lower court from ruling on Mr. Avrahami's claim until the Circuit
Court has considered the USN&WR motion for declaratory judgement.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
- 951024_usnwr_declaratory_judgement.motion
- in the Circuit
Court of Arlington County, seeking a ruling from the court that
Mr. Avrahami may not proceed with his case in the District Court
From USNWR v. Avrahami, Circuit Court of Arlington Co., VA (At Law
95-1318)
- 950821_avrahami_trial.announce
- Avrahami's press release about the
filing of his case, and the setting of a trial date.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
- 950721_avrahami.complaint
- Complaint (lawsuit, in this case in the form
of a motion for judgement) filed by Ram Avrahami against US News &
World Report, for violating the Virginia Privacy Act, by selling his name
without his permission, on a mailing list sold to Smithsonian magazine.
From Avrahami v. USNWR, in the General District Court of Arlington
Co., VA. (Civil Action 95-7479)
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