Carson Penkava, who was suing Yahoo! under California wiretapping laws, filed for dismissal with prejudice at the end of November. No reasons were given. Plaintiff hereby voluntarily dismisses the litigation with prejudice as to his individual claims and without prejudice as to the potential claims of any absent putative class members. The rights of absent putative class members will not be...
Motion to dismiss in Penkava v. Yahoo case
Earlier this month Yahoo filed a motion to dismiss in the Penkava v. Yahoo. This is the class action lawsuit where an Alabama resident is attempting to sue Yahoo for violation of the California wiretapping law. Here’s the short synopsis. People send mail to Yahoo. Yahoo “creeps and peeps” on that mail so they can profit from it. Plaintiff doesn’t like this, and thinks that...
Wiretapping and email
An Alabama resident is suing Yahoo for violating the California wiretapping law. Specifically he’s suing under CA Penal Code section 631. The thing is, this section of the law deals with wiretapping over “telephone or telegraph” wires. That doesn’t seem to apply in this case as Yahoo isn’t using either telephone or telegraph wires to transmit their packets. Holomaxx...