A Party's Web Sites Pages Are Evidence Against Them

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A Party's Web Sites Pages Are Evidence Against Them

Postby Administrator » Mon Sep 29, 2014 11:52 pm

A Party's Web Sites Pages Are Evidence Against Them


DePaola v. Nissan Hosp. America, Inc., Slip Copy, 2005 WestLaw 2122265 [U.S.D.C. M.D. Ala. Aug. 29, 2005; F.R.E. 801[d][2]. Further, in Perfect 10, Inc. v. Cybernet Ventures, Inc., 213 F.Supp.2d 1146, 2002 Copr.L.Dec. P 28,423, [U.S.D.C. C.D. Cal. April 22, 2002], the court held that print outs from third party web sites were admissible to establish that the web sites were associated with an adult verification service, in corporation's action against verification service's owner; evidence of owner's business structure and the workings of age verification program combined with statements identifying the individual web sites as verification service sites was enough to establish the sites' membership in the age verification program. In Van Westrienen v. Americontinental Collection Corp., 94 F.Supp.2d 1087, 54 Fed. R. Evid. Serv. 511, [U.S.D.C. Or. April 12, 2000], the court held that representations made by debt collectors on their Internet web site were admissible as admissions of party-opponent in action by purported debtors under Oregon Unlawful Debt Collection Practices Act (UDCPA). In our case, Various has yet to try to deny that any of the pages contained accurate re-publications by them and by their authorized agents.
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
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Chairman, Consumer Protection Section, Louisiana State Bar Association

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