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Domenic Tricome v. Ebay, Inc.

2009 U.S. Dist. LEXIS 97045 (2009)

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Domenic Tricome v. Ebay, Inc.

United States District Court for the Eastern District of Pennsylvania
2009 U.S. Dist. LEXIS 97045 (2009)

SC

Facts

eBay, Inc. (defendant) required its users to agree to eBay’s user agreement in order to use eBay’s marketplace. The user agreement contained a forum-selection clause requiring that any disputes between eBay and the user be resolved in California courts. Domenic Tricome (plaintiff) operated an online business. Tricome agreed to eBay’s user agreement in order to sell his goods on eBay. A dispute arose, and Tricome sued eBay in the United States District Court for the Eastern District of Pennsylvania. eBay filed a motion to dismiss or transfer the case based on the forum-selection clause in the user agreement.

Rule of Law

Issue

Holding and Reasoning (Jones II, J.)

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