Comments on: Court upholds eBay forum selection clause http://blog.internetcases.com/2009/10/26/court-upholds-ebay-forum-selection-clause/ Covering law and the internet since 2005. Fri, 12 Mar 2010 12:05:33 -0700 http://wordpress.org/?v=2.9 hourly 1 By: Julie Riggs http://blog.internetcases.com/2009/10/26/court-upholds-ebay-forum-selection-clause/comment-page-1/#comment-42098 Julie Riggs Wed, 04 Nov 2009 20:32:18 +0000 http://blog.internetcases.com/?p=1012#comment-42098 My lawsuit Riggs v. MySpace, Inc. et al was transferred to CA due to a jurisdiction and venue clause. Interestingly though, the user agreement also contained an arbitration clause. I filed an Arbitration Demand with the American Arbitration Assoc., but MySpace never responded. One of my claims is breach of contract for the arbitration clause. Ironically, it worked in my favor to have it transferred to CA in particular due to the breach of implied-in-fact contract claim regarding MySpace Celebrity. Some of these companies would be wise to choose a different state other then CA to hear cases. CA law works in favor of the Plaintiff many times. The case is currently in the Ninth Circuit. My lawsuit Riggs v. MySpace, Inc. et al was transferred to CA due to a jurisdiction and venue clause. Interestingly though, the user agreement also contained an arbitration clause. I filed an Arbitration Demand with the American Arbitration Assoc., but MySpace never responded.

One of my claims is breach of contract for the arbitration clause. Ironically, it worked in my favor to have it transferred to CA in particular due to the breach of implied-in-fact contract claim regarding MySpace Celebrity. Some of these companies would be wise to choose a different state other then CA to hear cases. CA law works in favor of the Plaintiff many times.

The case is currently in the Ninth Circuit.

]]> By: Dave Zan http://blog.internetcases.com/2009/10/26/court-upholds-ebay-forum-selection-clause/comment-page-1/#comment-42011 Dave Zan Mon, 02 Nov 2009 02:25:22 +0000 http://blog.internetcases.com/?p=1012#comment-42011 Understandable, Joe. But then, some of us don't really want to negotiate our terms unless we see fit, anyway. Makes one sometimes glad there's options out there. Understandable, Joe. But then, some of us don’t really want to negotiate our terms unless we see fit, anyway.

Makes one sometimes glad there’s options out there.

]]> By: Joe http://blog.internetcases.com/2009/10/26/court-upholds-ebay-forum-selection-clause/comment-page-1/#comment-41928 Joe Fri, 30 Oct 2009 19:39:15 +0000 http://blog.internetcases.com/?p=1012#comment-41928 Such is the life of user agreements. My biggest dislike of most user agreements is they they seem somewhat arbitrary and there is no way negotiate separate terms. Such is the life of user agreements. My biggest dislike of most user agreements is they they seem somewhat arbitrary and there is no way negotiate separate terms.

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