Jose Palomino and Jason Huhn; on behalf of themselves and all others similarly situated v. Facebook Inc., and Does 1 to 50, inclusive
Published: Feb. 11, 2017 | Result Date: Jan. 9, 2017 | Filing Date: Jan. 1, 1900 |Case number: 3:16-cv-04230-HSG Bench Decision – Defense
Court
USDC Northern
Attorneys
Plaintiff
Katrina Carroll
(Lite, DePalma & Greenberg LLC)
Todd D. Carpenter
(Lynch Carpenter LLP)
Gary F. Lynch
(Carlson, Lynch, Sweet, Kilpela & Carpenter LLP)
Brittany C. Casola
(Carlson Lynch LLP)
Kyle A. Shamberg
(Lite, DePalma & Greenberg LLC)
Defendant
Michael D. Celio
(Gibson, Dunn & Crutcher LLP)
Justina K. Sessions
(Wilson, Sonsini, Goodrich & Rosati)
Benedict Y. Hur
(Willkie, Farr & Gallagher LLP)
Facts
Jose Palomino and Jason Huhn filed a class action against Facebook Inc., for allegedly violating a New Jersey law.
Contentions
PLAINTIFFS' CONTENTIONS:
Facebook allegedly violated New Jersey's Truth-in-Consumer Contract Warranty and Notice Act by requiring New Jersey residents to resolve disputes in California.
DEFENDANT'S CONTENTIONS:
Facebook moved to dismiss the complaint on the ground that the choice-of-law clause was enforceable.
Result
The court agreed that Facebook's choice-of-law clause was enforceable and, as such, dismissed the action.
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