Caspi v. Microsoft Network LLC
Superior Court of New Jersey
732 A.2d 528 (N.J. Super. 1999)
Caspi and other Microsoft customers around the country (plaintiffs) brought suit against Microsoft Network LLC (Microsoft) (defendant) in New Jersey for breach of contract and fraud, among other claims, in regards to the membership agreement of Microsoft’s online service. Microsoft filed a motion to dismiss on account of the forum selection clause contained in the agreement. The clause stated that the State of Washington had jurisdiction over all disputes arising out of the membership. In signing up for Microsoft’s service, the plaintiffs had to navigate through various screens clicking “I Agree” before they could proceed. The plaintiffs had an opportunity to scroll through the agreement before accepting, but claimed they did not get sufficient notice. The trial court granted Microsoft’s motion to dismiss. The plaintiffs appealed.
Rule of Law
Holding and Reasoning (Kestin, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.