Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller

Question

Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller

النسخة 13الرقم المعياري الدولي: 978-1305087859

Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller

النسخة 13الرقم المعياري الدولي: 978-1305087859

تمرين 1

Spotlight on AOL-Common Law. AOL, LLC, mistakenly made public the personal information of 650,000 of its members. The members filed 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 page 6.)

التوضيح

موثّق

Supreme Court is the highest authority in. All the other courts have to oblige with the Supreme Court. The basis on which decisions are taken in Supreme Court has to be the basis for other courts in the country.
Stare decisis is the doctrine of principles set by Supreme Court of United States that enforces certain common laws that binds the other courts and cases filed under their jurisdiction.
As per this case, where the private information of the employees got leaked and a case has been sued against the management and the company that led the disclosure of the information. The case will not get dismissed because, AOL is a huge body and the case that has been filed for the breach of employee personal information is a big issue and requires a proper investigation. A general rule will not be applied in this case of stare decisis.