Who Owns Personal Information?
Anatomy of a Privacy Case
Legal Chronology
- Avrahami files a Petition for Appeal in the VA Supreme Court.(9/11) Court expected to decide within three months if it will hear the appeal.[Press Release]
- US News files Brief in Opposition to Avrahami's petition. (October 4, 1996)
- Avrahami files a Petition for Appeal to the Virginia Supreme Court. (September 11, 1996) [Press Release]
- Avrahami files Notice of Appeal to the Virginia Supreme Court. (July 3, 1996)
- Judge Newman dismisses Avrahami's appeal from the District Court on the grounds of mootness (July 1, 1996).
- Judge William T. Newman, Jr. of the Arlingotn County Circuit Court rules in favor of US News(June 11, 1996) and signs the Court Order(June 13, 1996).[Press Release]
- Testimony (June 6) and Closing Arguments(June 11) are heard in the Trial.
- US News files a trial brief, claiming it did not trade Avrahami's name. (June 5, 1996)
- Avrahami files a trial brief, providing complete legal argument for his position. (June 4, 1996)
- Avrahami files Motion to Compel Discovery(May 16), asking the Court the force US News to reveal how much revenue it received in 1995 from the rental of its subscribers list. US News opposed the Motion to Compel (May 29) and the Court grants its request and denies Avrahami's motion(May 31, 1996).
- Avrahami and US News consolidate their motions in the Circuit Court, to be heard together on June 6, 1996.
- US News files Grounds for Defense against the Bill of Complaint, with 5 alternative lines of defense (April 26, 1996)
- Avrahami files amended Grounds for Defense against the amended motion. (April 17, 1996)
- Circuit Court sets the trial date to the Appeal from the District
Court to June 6, 1996. New case number is - At Law 96-337 (April 15, 1996)
- US News amends its motion to reflect its finding that
Avrahami used a different spelling - "Avrahani" - when subscribing. (April 1, 1996)
- Avrahami withdraws his demurrer to US News motion
and asks to defend the case on its merits. Avrahami files Grounds for Defense for the motion (March 28, 1996)
- Avrahami files a new Bill of Complaint asking the Circut Court to permanently restrain US News from using his name and for damages for all the times it has already done so (Case # At Chancery 96-203 - March 28, 1996)
- Avrahami hires the Arlington law firm of Bean, Kinney & Korman to represent his case in the Arlington Circuit Court.
- Judge rules that the District Court does not have subject matter jurisdiction to hear the case. Avrahami appeals to the Circuit Court (February 6, 1996).[Press release]
- USN&WR responds to motion for summary judgment and moves for a protective order from the request for admission. USN&WR also moves to quash a subpoena for the mailing that was transferred to the Smithsonian and the commercial agreement under which it was transferred (February 2, 1996).
- Avrahami files motion for summary judgment and request for admission in the General District Court (January 16, 1996). [Press release].
- Circuit Court sets date for hearing on USN&WR motion for declaratory judgment to June 6, 1996 (December 18, 1995).
- General District Court denies USN&WR motion for stay but grants motion for continuance. Trial date is set for February 6, 1996. [press release].
- USN&WR files motion for continuance in the General District Court of Arlington County (November 21, 1995).
- Avrahami files motion for demurrer in the Circuit Court of Arlington County, arguing that the USN&WR motion for declaratory judgement is contrary to Virginia state law (November 13, 1995). [press release].
- Avrahami files opposition to motion to stay in the General District Court of Arlington County, asking the District Court to rule on his claim as originally presented to the court (November 13, 1995).
- USN&WR files motion for stay in the General District Court of Arlington County, seeking to prevent the lower court from ruling on Mr. Avrahami's claim until the Circuit Court has considered the USN&WR motion for declaratory judgement (October 24, 1995).
- USN&WR files a motion for declaratory judgement in the Circuit Court of Arlington County, seeking a ruling from the court that Mr. Avrahami may not proceed with his case in the District Court (Case 95-1318, October 24, 1995).
- USN&WR hires Washington, DC law firm of Shaw, Pittman, Potts & Trowbridge to defend against claim brought by Mr. Avrahami in Arlington District Court.
- Trial date set for November 27 (August 21, 1995). [press release].
- Avrahami files a motion for judgement in the General District Court of Arlington County, seeking to enforce a privacy claim against US News & World Report ("USN&WR") under the Virginia state law of appropriation (Case 95-7479, July 21, 1995).
The Court
Arlington County Circuit Court 703/358-7010
Arlington County District Court 703/358-4585
1425 N. Court House Road
Arlington, Virginia
(Metro: Orange Line, Courthouse station)
The Attorneys
Counsel for Avrahami
Bruce Davis
Bean, Kinney & Korman
Arlington, Virginia
703/525-4000
Counsel for US News & World Report
David Fiske and Lori Vaughn Ebersohl
Shaw, Pittman, Potts & Trowbridge
Arlington, Virginia
703.739-6650
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Last Updated: October 14, 1996
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