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UNSPAM TECHNOLOGIES, INC. v. CHERNUK

No. 11-2406.

716 F.3d 322 (2013)

UNSPAM TECHNOLOGIES, INC., d/b/a Project Honey Pot; John Doe, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. Andrey CHERNUK, d/b/a Toronto Pharmacy; Boris Livshits, d/b/a Toronto Pharmacy; Zao Raiffeisenbank; Bank Standard Commercial Bank Closed Joint-Stock Company; Azerigazbank; DnB Nord Banka, Defendants-Appellees, and John Doe(s), Injuring PHP and its Members by Harvesting Email Addresses, and Transmitting Spam; St. Kitts-Nevis-Anguilla National Bank Limited; Rietumu Bank, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2013.

Attorney(s) appearing for the Case

ARGUED: Jon Linden Praed , Internet Law Group, Arlington, Virginia, for Appellants. Craig Brian Whitney , Morrison & Foerster, LLP, New York, New York, for Appellees. ON BRIEF: Jennifer Ancona Semko , Edwin B. Swan , Baker & McKenzie, LLP, Washington, D.C., for Appellees Bank Standard Commercial Bank Closed Joint-Stock Company and Azerigazbank; Andrew P. Sherrod , Hirschler Fleischer, PC, Richmond, Virginia, Owen J. McKeon , Gibbons PC, Newark, New Jersey, for Appellee ZAO Raiffeisenbank; James E. Hough , Morrison & Foerster, LLP, New York, New York, for Appellee DNB Nord Banka.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SHEDD and Judge Agee joined.

OPINION

NIEMEYER, Circuit Judge.

The issue presented in this appeal is whether the district court erred in dismissing a complaint against four foreign banks for lack of personal jurisdiction. The complaint alleges an international conspiracy of foreign banks, corrupt Internet Payment Service Providers, and illegal prescription drug dealers ("pharmacists") to sell illegal prescription drugs over the Internet.

One plaintiff, John Doe, an Arlington...

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