Clause contravenes strong public policy

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AOL, LCC, mistakenly made public and personal information of 650,000 of its members. The members filed a suit, alleging violations of California law. AOL ask the court to dismiss the suit on the basis of a “forum-selection” clause in its member agreement that designates Virginia court as the place where member’s disputes will be tried. Under a decision of the United States Supreme Court, a forum- selection clause in unenforceable “if enforcement would contravene a strong public policy of the forum in which suit is bought.” California courts have declared in other cases that the AOL clause contravenes a strong public policy. If the court apples the doctrine of stare decisis, will it dismiss the suit?

Reference no: EM131169540

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