www.internetcases.com/archives/2005/08/google_and_the.html
a posting on this site from a few weeks ago about an In diana court that concluded a plaintiff who hadn't consulted the Internet failed to exercise due diligence in locating a defendant for service of process. A court in West Virginia has taken the centrality of Google in everyday life one step further. Here's an extensive quote fro m the case: "In the 'time, place, and circumstances' of this case, one who actually w anted to inform Ms Plemons that her house was to be conveyed because of a failure to pay roughly $3,000 in taxes and fees would not have looked for her in the dusty corners of the Kanawha County record room. In the age of telephones, internet search engines, online newspapers, online pe ople-finders, and readily available credit reports, most people can easi ly find someone. Thus, if a reasonable person were charged with the duty of locating Ms Plemons in the relatively small city of Charleston, Wes t Virginia, it is my belief that he would be likely to employ 'Google' t o find her name, call information to learn her telephone number, contact her lending bank, or call her ex-husband. Instead, Advantage searched t he public records for Ms Plemons' address and mailed written notices to two of the addresses contained therein. When the notices were found to be undeliverable, Advantage did nothing further. I continue to believe t hat those efforts failed to meet the constitutional standards of due pro cess."
|