Pulte Homes, Inc. v. Laborers' International Union of North America

648 F.3d 295 (2011)

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Pulte Homes, Inc. v. Laborers’ International Union of North America

United States Court of Appeals for the Sixth Circuit
648 F.3d 295 (2011)

  • Written by Rose VanHofwegen, JD

Facts

Home builder Pulte Homes, Inc. (Pulte) (plaintiff) fired a worker who evidently belonged to the Laborers’ International Union of North America (LIUNA) (defendant). Within days, LIUNA filed an unfair-labor-practice charge and launched a national campaign bombarding Pulte’s sales offices and executives with phone calls and emails. LIUNA used an autodialing service, generating thousands of calls. LIUNA also urged members to “fight back” by using its server to email Pulte executives. The phone calls blocked access to voicemail, kept customers from reaching Pulte’s sales office and representatives, and forced one employee to shut off her cell phone. Some messages even contained threats and obscenity. LIUNA’s emails overloaded Pulte’s system and curtailed business operations because its employees could not receive or reply to emails. Pulte sued, alleging violation of the Computer Fraud and Abuse Act (CFAA). The trial court found Pulte failed to state either a transmission or access claim under the CFAA and dismissed the complaint. Pulte appealed.

Rule of Law

Issue

Holding and Reasoning (Cook, J.)

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