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Conflict of Laws Keyed to Brilmayer
America Online, Inc. v. National Health Care Discount, Inc.
Citation:
121 F. Supp. 2d 1255 (D. Iowa 2000)Facts
Plaintiff, America Online, Inc. (AOL), is a Delaware corporation with a principle place of business in Virginia. AOL is an Internet access provider that allows subscribers to transmit e-mail to and from other AOL subscribers and across the Internet. Defendant, National Health Care Discount, Inc. (NHCD), is an Iowa corporation with administrative offices in Sioux City, Iowa and sales offices in Atlanda, Kansas City, Phoenix, Dallas, and Denver. NHCD sells discount optical and dental service plans.
NHCD solicited business through large-volume “unsolicited bulk e-mail” (spam). Millions of these spam e-mails went to AOL subscribers at great expense to AOL. After AOL failed to persuade NHCD to stop sending spam to AOL subscribers, it brought suit against NHCD for common law conversion, trespass, unjust enrichment, and violation of various state and federal statutes.
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Topic Resources
Topic Outline
Choice of Law