DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121956P.pdf 05/28/2013 Robert Kramer, III v. National Credit Systems
U.S. Court of Appeals Case No: 12-1956
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Colloton, Author, with Loken and Melloy, Circuit Judges]
Civil Case - Computer Fraud and Abuse Act. After a bench trial,
judgment in favor of National Credit Systems on claim it conducted a
spam e-mail campaign that harmed Kramer's business is affirmed.
District court findings that NCS principals testimony were more credible
are not clearly erroneous. Documentary evidence did not contradict
testimony. District court did not err in concluding that NCS salesmen
were independent contractors, not employees, as sales force was not
obliged to follow manual or accept direction from principals and weight
of evidence establishes an independent contractor arrangement.