Caspi v. Microsoft Network LLC
New Jersey Superior Court, Appellate Division
732 A.2d 528 (1999)
- Written by Matt Fyock, JD
Facts
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
Issue
Holding and Reasoning (Kestin, J.)
What to do next…
Here's why 780,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 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.
