Tuesday, October 27, 2009

Judge Rules eBay Can Name Forum in Contract With Users

In an important case regarding jurisdiction a federal judge ruled that eBay was permitted to enforce the "forum selection clause" in their user's agreement. This clause requires any user who sues eBay to do so in Santa Clara County, Calif. The plaintiff in the case sued eBay over issues related to what the termination of his account. After filing his complaint in the Eastern District of Pennsylvania, eBay petitioned to have the case moved to California. The plaintiff argued that doing so would be unreasonably burdensome. The judge in the case disagreed and ordered the case transferred to California. He stated that the plaintiff chose to accept the terms in eBay's user agreement and was therefore bound to follow them. This decision echoes the decisions of other cases throughout the US.

Here is the link to the article:
http://www.law.com/jsp/article.jsp?id=1202434958313&rss=newswire

No comments:

Post a Comment