Wednesday, March 4, 2009

Texas Court Reverses Dismissal of CFAA Claim on Jurisdiction Grounds (Ennis Tranportation v. Richter)

I wrote several weeks ago about the bizarre ruling in Texas, where a federal court dismissed a Computer Fraud and Abuse Act claim on subject-matter jurisdiction grounds, holding in essence that removal was not proper because the CFAA is a criminal statute. Though the original CFAA may be criminal in nature, it has been amended several times, and the statute clearly permits civil actions under a number of sections.

Last week, the court granted a motion to reconsider and retained jurisdiction over the case.


Court: United States District Court for the Northern District of Texas
Opinion Date: 2/24/09
Cite: Ennis Transp. Co., Inc. v. Richter, 2009 U.S. Dist. LEXIS 15585 (N.D. Tex. Feb. 24, 2009)
Favors: Neutral
Law: Federal Rules of Civil Procedure

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