oenaed records from rape center because nothing warranted disclosure prohibited by Victims of Crimes Act); United States v. Cherry, No. 90-5784, 1991 U.S. App. LEXTS 18192, 11-13 (4th Cir. Aug. 12, 1991) (quashing subpoenaed police files because they were in part irrelevant); Ams/er v. United States, 38] F.2

eir respective actions. Following the filing of plaintiffs’ Notices of Appeal, this Court issued its decision in Doe v. Bin Laden, 663 F.3d 64, 2011 U.S. App. Lexis 22516 (2d Cir. 2011) (per curiam), another of the cases comprising the September 11th MDL. In Doe, the Court held that the FSIA’s “terrorism ex

Page 9 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** Classmates International, Inc., FTD Group, Inc., Memory Lane, Inc., Defendants. No. 16-3292-cv UNITED STATES COURT OF APPEALS FOR

Page 11 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** commerce. And to state a RICO conspiracy, a plaintiff must allege the existence of an agreement to violate RICO's substantive provi

Page 17 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** The plaintiffs' theory, which is unsupported by case law, does not preserve a genuine dispute on the issue of consent. The district

Page 20 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** plaintiff freely entered into the membership agreement. The plaintiffs further claim that the refund mitigation technique caused Tr

Page 18 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, *" for anything beyond the shipping-and-handling costs associated with the trial offer." Id. at 312: see also Van Dyke. 605 F.2d at 22

Page 10 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** CORE TERMS: customer's, membership, enrollment, e-merchant, deceptive, mail, billing, scheme to defraud, conspiracy, refund, credit

Page 19 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** For example, the complaint alleges that consumers were "duped into believing" that the membership programs were being offered by an

Page 15 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** The plaintiffs contend that the "datapass" procedure, by which e-merchants share customers' credit card and billing information wit

Page 13 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** The post-transaction marketing employed by Trilegiant and its e-merchant partners functions [""3] as follows. Online merchants such

Page 12 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** Civil Procedure > Pleading & Practice > Pleadings > Heightened Pleading Requirements > Fraud Claims Criminal Law & Procedure > Cri

Page 14 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** To evidence intentional deceit, the plaintiffs present: expert witness testimony describing the characteristics of the pages as inh