State ex rel. Stenehjem v. FreeEats.com, Inc.
Docket No. 20050171
Oral Argument:
Tuesday, October 4, 2005 1:30pm
Docket Info
- Title
- State of North Dakota
ex rel. Wayne Stenehjem,
Attorney General, Plaintiff and Appellee
v.
FreeEats.com, Inc., dba
The FreeEats Companies,
ccAdvertising,
ccAdvertising.biz,
ccAdvertising.Info,
ElectionResearch.com,
FECads.com, and
FECResearch.com, Defendant and Appellant - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 04-C-01694
South Central Judicial District, Burleigh County
Gail Hagerty
2006 ND 84712 N.W.2d 828
Oral Argument
10/4/2005
Highlight
Preemption of state law is not favored, and the framework for analyzing a preemption claim under the Supremacy Clause begins with the basic assumption that Congress did not intend to displace state law.
A state's police power encompasses the duty to protect the privacy of its citizens, including the authority to protect the peaceful enjoyment of the home and the well-being and tranquility of the community.
The statutory language of the Telephone Consumer Protection Act of 1991 clearly expresses Congress' intent that the Act was not meant to occupy the field within its subject matter.
The Telephone Consumer Protection Act does not preempt a state law which prohibits telemarketing calls using automatic telephone dialing systems or artificial or prerecorded voice messages.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| APPELLEE | ATT. GENERAL OFFICE | James Patrick Thomas - 06014 |
| APPELLEE | ATT. GENERAL OFFICE | Parrell D Grossman - 04684 |
| APPELLEE | ATT. GENERAL OFFICE | Wayne K Stenehjem - 03442 |
| APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/18/2005 | NOTICE OF APPEAL : 05/17/2005 | |
| 2 | 05/18/2005 | Certificate of No Transcript | |
| 3 | 05/19/2005 | ORDER FOR TRANSCRIPT (letter dated May 18, 2005) : 05/18/2005 | |
| 4 | 06/02/2005 | TRANSCRIPT DATED October 18, 2004 | |
| 5 | 06/02/2005 | DISK - tra (10-18-04) | |
| 6 | 06/07/2005 | Affidavits of Emilio W. Cividanes and David H. Bamberger pursuant to Rule 3, Admission to Practice | |
| 7 | 06/07/2005 | Rule (Authorized) | |
| 8 | 06/21/2005 | Affidavit of James P. Rathvon filed pursuant to Rule 3, Admission to Practice Rule (authorized) | |
| 9 | 06/17/2005 | RECORD ON APPEAL (2 volumes) not sent was #34 (Court Reporter Notes) | |
| 10 | 07/12/2005 | APPELLANT BRIEF | View |
| 11 | 07/12/2005 | APPELLANT APPENDIX | |
| 12 | 07/12/2005 | DISK - ATB | |
| 13 | 07/20/2005 | Copies of Opinion and Order, Order for Judgment, Final Judgment, Notice of Entry, and Notice of | |
| 14 | 07/20/2005 | Entry of Judgment, and Docket Sheet for Appellant's Appendix | |
| 15 | 08/05/2005 | Supplemental Clerk's Certificate dated 8-5-05 (Entry Nos. 77-81) | |
| 16 | 08/09/2005 | APPELLEE BRIEF | View |
| 17 | 08/09/2005 | DISK - AEB (e-mailed) | |
| 18 | 08/22/2005 | REPLY BRIEF | View |
| 19 | 08/22/2005 | Addendum to Reply Brief (Bound w/RYB) | |
| 20 | 08/22/2005 | DISK - RYB | |
| 21 | 09/13/2005 | ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V. | |
| 22 | 09/19/2005 | SITTING WITH THE COURT : Hodny, William F. | |
| 23 | 09/29/2005 | Request for Radio/TV Coverage (ND Public Radio) - e-mailed letter dated 9-29-05 from Jack McDonald | |
| 24 | 09/29/2005 | (Authorized) | |
| 25 | 10/04/2005 | APPEARANCES: Patrick J. Ward, Lawrence E. King, Emilio W. Cividanes; James P. Thomas, | |
| 26 | 10/04/2005 | Wayne K. Stenehjem, Attorney General, and Parrell D. Grossman | |
| 27 | 10/04/2005 | ARGUED: Ward; Thomas | |
| 28 | 10/04/2005 | ORAL ARGUMENT WEBCAST | |
| 29 | 12/15/2005 | Citation of Supplemental Authorities, N.D.R.App. 28(k), Letter dated 12-15-05 | |
| 30 | 12/19/2005 | Letter from Patrick Ward dated 12-19-05 Re: Response to State's letter dated 12-15-05 | |
| 31 | 02/27/2006 | Letter from James P. Thomas dated 2/24/06 with a recently-decided case attached & Aff. of Service | |
| 32 | 02/28/2006 | Letter from Patrick J. Ward dated 2-28-06 RE: Response to State's recent citation of authority | |
| 33 | 02/28/2006 | Letter from Patrick J. Ward dated 2-28-06 w/attached Memorandum & Order in Chamber v. Lockyer | |
| 34 | 04/21/2006 | DISPOSITION | |
| 35 | 04/21/2006 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 36 | 04/21/2006 | Costs on appeal taxed in favor of the Appellee | |
| 37 | 04/21/2006 | Judgment Mailed to Parties | |
| 38 | 05/19/2006 | MANDATE | |
| 39 | 05/25/2006 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 40 | 08/01/2006 | Notice of Filing Petition for Writ of Certiorari to U.S. Supreme Court | |
| 41 | 10/16/2006 | Notice from U.S. Supreme Court that Petition for Writ of Certiorari is denied | |
| 42 | 05/06/2015 | EXPUNGED - Nonpermanent record items destroyed |