Spotlight on AOL—Common Law. AOL, LLC, mistakenly made public the personal information of 650,000 of

Spotlight
on AOL—Common Law. AOL, LLC, mistakenly made public the personal information of
650,000 of its members. e members led a suit, alleging violations of California
law. AOL asked the court to dismiss the suit on the basis of a “forum-selection
clause” in its member agreement that designates Virginia courts as the place
where member disputes will be tried. Under a decision of the United States
Supreme Court, a forum-selection clause is unenforceable “if enforcement would
contravene a strong public policy of the forum in which suit is brought.”
California courts have declared in
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Spotlight
on AOL—Common Law. AOL, LLC, mistakenly made public the personal information of
650,000 of its members. e members led a suit, alleging violations of California
law. AOL asked the court to dismiss the suit on the basis of a “forum-selection
clause” in its member agreement that designates Virginia courts as the place
where member disputes will be tried. Under a decision of the United States
Supreme Court, a forum-selection clause is unenforceable “if enforcement would
contravene a strong public policy of the forum in which suit is brought.”
California courts have declared in other cases that the AOL clause contravenes
a strong public policy. If the court applies the doctrine of stare decisis,
will it dismiss the suit? Explain. [Doe 1 v. AOL LLC, 552 F.3d 1077 (9th Cir.
2009)] (See ­e Common Law Tradition.)

 

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