The District Court of Colorado granted the Plaintiff’s Motion to Dismiss the Counter-Defendants’ Computer Fraud and Abuse Act claim for two reasons: (1) Defendants failed to comply with federal pleading standards by only reciting the elements of the claim without any supporting factual allegations; and (2) Defendants failed to properly allege a “loss” but, instead, simply asserted that the value the Plaintiffs gained exceeded $5,000. International Academy of Business and Financial Management v. Mentz, 2013 WL 212640 *10-11 (D. Co. Jan 18, 2013). As regular readers of this blog know, the loss requirement has been a frequent topic of discussion so this is no surprise.
Related articles
- More Tightening of the Computer Fraud and Abuse Act – Holding it to Rule 9(b) Heightened Pleading Standard (shawnetuma.com)
- Fifth Circuit Finds Company Not Liable for Alleged Violations of CFAA and ECPA by Its Regional Manager (shawnetuma.com)
- Two Year Statute of Limitations of Computer Fraud and Abuse Act Accrued When Plaintiff “Suspected” Wrongdoing (shawnetuma.com)
I guess lawyers don’t watch cop and court shows, eh? Shoot, even I knew better than that!