Gordon v. Virtumundo, Inc.’s Empirical Analysis
575 F.3d 1040 · 2009
Citation profile
12 federal appellate · 2 district · 6 state decisions
How this case has been cited
Cited by 89 later decisions — most recently August 2023 · most notably 49 Cal. 4th 334 - Kleffman v. Vonage Holdings Corp. (2010), Quan v. Computer Sciences Corp. (2010)
12 federal appellate · 2 district · 6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 7701 (§ 2 of the CAN-SPAM Act of 2003) · 15 U.S.C. § 7702 (§ 3 of the CAN-SPAM Act of 2003) · 15 U.S.C. § 7704 (§ 5 of the CAN-SPAM Act of 2003) · 15 U.S.C. § 7706 (§ 7 of the CAN-SPAM Act of 2003) · 15 U.S.C. § 7707 (§ 8 of the CAN-SPAM Act of 2003) · 28 U.S.C. § 1291 · 42 U.S.C. § 12188 (§ 308 of the Americans with Disabilities Act of 1990) · 47 U.S.C. § 231
Relies on Cipollone v. Liggett Group, Inc. · Medtronic, Inc. v. Lohr · Havens Realty Corp. v. Coleman · English v. General Electric Co. · Maryland v. Louisiana
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(I) Electronic mail has become an extremely important and popular means of communication, relied on by millions of Americans on a daily basis for personal and commercial purposes. Its low cost and global reach make it extremely convenient and efficient, and offer unique opportunities for the development and growth of frictionless commerce. (II) Many States have enacted legislation intended to regulate or reduce unsolicited commercial electronic mail, but these statutes impose different standards and requirements. As a result, they do not appear to have been successful in addressing the problems associated with unsolicited commercial electronic mail, in part because, since an electronic mail address does not specify a geographic location, it can be extremely difficult for law-abiding businesses to know with which of these disparate statutes they are required to comply.”
1 later decision quote this exact passage · from the majority“(1) In general. This chapter supersedes ' any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the use of electronic mail to send commercial messages, except to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto. (2) State law not specific to electronic mail. This chapter shall not be construed to preempt the applicability of— (A) State laws that are not specific to electronic mail, including State trespass, contract, or tort law; or (B) other State laws to the extent that those laws relate to acts of fraud or computer crime.”
1 later decision quote this exact passage · from the majority“the term 'professional,' as in 'professional plaintiff,' is not a 'dirty word' and should not itself undermine one's ability to seek redress for injuries suffered ....”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.