Plaintiffs serve Omy, Ferragamo, Kidney, and Courtin by first-class certified mail sent to both their home and work addresses. The parents make two claims. The Decency Act contains a cause of action for individuals to sue violators in either federal or state court. Second, the Zemels claim that ESJ, Friends, and Omy, Ferragamo, Kidney, and Courtin have violated a California statute that prohibits individuals from designing computer programs that can be used by others to harass or injure third-parties. Plaintiffs acknowledge in the press that they brought suit in California state court, rather than in Washington, D.C. or in federal court, because under California law the defendants must carry the burden of proof to show that the children were not harmed, while under D.C. and federal judge-made law the parents must carry the burden to show harm.
Defendants move to remove the case to the Northern District of California.
Judge Masback, who is presiding over this case, asks you for a memo that analyzes each issue raised by the parties and that recommends how he should decide each one. For several years, concern has been rising in Washington, D.C. that the American legal system has been imposing a drag on economic growth and national competitiveness. To regulate Commerce . To constitute Tribunals inferior to the supreme Court. They also believe that this patchwork quilt of laws discourages foreign corporations and investors from doing business in the United States.