reno v condon lexisnexis

No. South Carolina further notes that the DPPA's penalty provisions hang over the States as a potential punishment should they fail to comply with the Act. The operation could not be completed. Invite Others. Plaintiffs do not seem from the facts presented to be immediately in danger of sustaining direct injury under the DPPA. Become a member and get unlimited access to our massive library of Facts.

As discussed previously, "recipient" does not mean "user."

Standing is an indispensable part of the plaintiff's case. Although a strict interpretation of the timing provision's language leads to the conclusion that the Court must deny any motion made after a responsive pleading as being too late, courts have allowed late-filed defenses arising under Rule 12(b)(1) and 12(b)(6) because they are preserved by Rule 12(g) from the waiver mechanism in Rule 12(h)(2).

Id.

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Click on the logo to read the full opinion for this case at: CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. "In the latter case a plaintiff is also required to submit facts through some evidentiary method and has the burden of proving by a preponderance of the evidence that the trial court does have subject matter jurisdiction." (A) other school officials, including teachers ... (C)(i) authorized representatives of (I) the Comptroller General of the United States ... (D) in connection with a student's application for, or receipt of, financial aid; (I) ... in connection with an emergency ... (J) ... entity or persons designated in a Federal grand jury subpoena ... Sign up to receive the Free Law Project newsletter with tips and announcements. DPPA violators may be liable for the following: (1) actual damages (not less than liquidated damages in the amount of $2,500); (2) punitive damages; (3) attorneys' fees and other litigation costs; and (4) preliminary and equitable relief. Rather, as mentioned above, Congress employed the term "authorized recipient" in reference to permissible resale and distribution.

The DPPA gatekeeper has no more control over a direct user reseller than nonuser reseller such as Reed Elsevier. You have successfully signed up to receive the Casebriefs newsletter. "Recipient," as commonly defined in dictionaries, is not synonymous with "user." Locate.Plus.Com, 650 N.W.2d at 617. does not confer an absolute right to speak, without responsibility, whatever one may choose" and "a State . § 2710, et seq., the Family Education Rights Privacy Act, U.S.C. § 2721(b)'s theme of permissible use, but instead Congress employed the term "authorized recipient" in § 2721(c). Federal Rule of Civil Procedure 12(b) states that defenses enumerated in the rule "shall be made before pleading if further pleading is permitted."

§ 552a(b), et seq.

See e.g., Stockman v. Federal Election Comm'n, 138 F.3d 144, 151 (5th Cir.1998). at 523.

18 U.S.C. Plaintiffs also cite to language in Reno v. Condon, 528 U.S. 141, 120 S. Ct. 666 (2000), to support her claim.

Violators are subject to a criminal fine. The DPPA regulates the disclosure and resale of personal information contained in the records of state DMVs. Ass'n.

no. Also, the Locate.Plus.Com rationale provides no greater gatekeeping role to the state. Congress’s Powers?

The DPPA establishes a regulatory scheme that restricts the States' ability to disclose a driver's personal information without the driver's consent.

D. The Taxing and Spending Power 150 . 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. The private entities could also further resell this information. h�bbd``b`:$�X�@����

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2d 351 (quotations omitted). Id.

Because federal courts are courts of limited jurisdiction, absent jurisdiction conferred by statute, they lack the power to adjudicate claims. When we granted certiorari in this case, the DPPA provided that a DMV could obtain that consent either on a case-by-case basis or could imply consent if the State provided drivers with an opportunity to block disclosure of their personal information when they received or renewed their licenses and drivers did not avail themselves of that opportunity.

Because both parties have already briefed standing, the Court discourages duplicative memoranda on that issue. Locate.Plus.com, Inc. brought a declaratory judgment action against Iowa seeking judicial review of the information refusal. Plaintiffs also cite to language in Reno v. Condon, 528 U.S. 141, 120 S. Ct. 666 (2000), to support her claim. Congress passed this legislation because states routinely obtained significant personal information from individuals in connection with those individuals obtaining driver’s licenses and then sold that information to private entities at a profit for the state.

However, the term "authorized user" does not appear in the DPPA. Also, private persons who knowingly obtain, disclose, or use personal information from a DMV for a purpose not permitted under the DPPA may be subject to liability in civil action brought by the driver to whom the information pertains. That relief is discussed infra.

Based on the limited evidence presented in support of and in opposition to this motion, this Court finds that plaintiffs have failed to satisfy their standing burden of proving "injury in fact." The rule of law is the black letter law upon which the court rested its decision. H1785-01 (1992); 139 Cong. 2d 351; see City of Los Angeles v. Lyons, 461 U.S. 95, 101-02, 103 S. Ct. 1660, 75 L. Ed. As the DPPA only restricts state government action, it cannot be said to commandeer state government in violation of the Tenth Amendment.

Note: The following opinion was edited by LexisNexis Courtroom Cast staff.

Rather, plaintiffs claims are conjectural, hypothetical, and tenuous at best. § 2721(c) provides for the resale and redisclosure of personal information obtained by "authorized recipients": 18 U.S.C. For reasons stated above, plaintiffs' DPPA improper obtainment claims must be dismissed pursuant to Rule 12(b)(6). United States Supreme Court. In Reno v. Condon, the Supreme Court of the United States illustrates two basic concepts: (i) the supremacy of federal law (Congress may pass laws that affect state action) and (ii) the sovereignty of the individual States (Congress may not pass laws that require the states to expend resources enforcing federal policy).

Louisiana.

§ 2721(b)(1-14) vests the state with vast discretion regarding the initial disclosure of DMV records. Also, plaintiffs offered no evidence of their information being resold or redistributed to any other third parties.

281 0 obj <>/Filter/FlateDecode/ID[<07633D62FB6BF04E9CBB352EB7D408E8><14062B4D6ED9A1499CF5AC892AD1D831>]/Index[265 31]/Info 264 0 R/Length 79/Prev 483242/Root 266 0 R/Size 296/Type/XRef/W[1 2 1]>>stream Any person who rediscloses or resells personal information from DMV records must, for five years, maintain records identifying to whom the records were disclosed and the permitted purpose for the resale or redisclosure. 528 U.S. 141, 120 S. Ct. 666, 145 L. Ed. Casebriefs is concerned with your security, please complete the following, The Structure Of The Constitution's Protection Of Civil Rights And Civil Liberties, Fundamental Fights Under Due Process And Equal Protection, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, Houston, East & West Railway Company v. United States, A.L.A. Congress could have limited resale and redisclosure to "permissible users," keeping in line with 18 U.S.C.

2d 406 (1998).

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Congress' intent to regulate the use of drivers' personal information rather than the user is evident from its DPPA word choice as well as the language it employed in several other privacy-related statutes. v. Gerstein, 494 F.2d 25, 27 (5th Cir.1974). v. Americans United for Separation of Church & State, Inc., 454 U.S. 464, 472, 102 S. Ct. 752, 70 L. Ed. That decision is both factually and procedurally distinguishable from the case at hand. Webster's Third New International Dictionary; The American Heritage Dictionary. 03-2040. See also Barrett v. Johnson Controls, Inc., 2003 WL 21500400 (N.D.Tex.2003).

153 .

2d 351. Civ.A. § 1232g, et seq., Congress explicitly limited personal information release to school officials, teachers, authorized federal representatives, state and local officials, parents, and others, rather than merely regulating the types of use those persons might undertake. Furthermore, Locate.Plus.Com neglects to provide a meaningful analysis of the DPPA's statutory language and corresponding congressional intent, especially as they relate the common definitions of key DPPA terms and to other federal privacy acts. The United States asserts that the DPPA is a proper exercise of Congress' authority to regulate interstate commerce under the Commerce Clause. Congress could have referred to "permissible users" rather than "permissible uses" in 18 U.S.C. Although the instant Rule 12(b) Motion to Dismiss was filed subsequent to defendant's filing of an answer, the Court will nevertheless address defendant's motion.

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Decided by Rehnquist Court .

Instead, Congress opted to describe DPPA disclosure exceptions in terms of use.

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