Johnson v. Priceline.com, Inc.

711 F.3d 271 (2013)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Johnson v. Priceline.com, Inc.

United States Court of Appeals for the Second Circuit
711 F.3d 271 (2013)

  • Written by Rose VanHofwegen, JD
Play video

Facts

Lee Johnson and Joey Marie Kelly (plaintiffs) used Priceline.com, Inc.’s (defendant) “Name Your Own Price” tool, which allows customers to specify a location, dates, minimum stars, and price but not a specific hotel. The website advises that “if Priceline accepts your price,” it will select a hotel meeting the specifications and book a room. In almost all transactions, Priceline will not accept a bid unless it locates a room in its proprietary inventory at a price lower than the customer’s bid. If it does, Priceline accepts the bid, then the customer adds billing details and clicks “book now.” Priceline books the room, charges the customer the bid price, pays the hotel the cheaper price, and keeps the difference. Only then is the hotel’s name revealed. Johnson and Kelly claimed that keeping the difference as a secret profit instead of procuring a room at the lowest price available was a breach of contract and fiduciary duty and a deceptive trade practice. The trial court dismissed, finding that Priceline owed no fiduciary duty of disclosure. Johnson and Kelly appealed, arguing Priceline owed a duty of disclosure as an agent.

Rule of Law

Issue

Holding and Reasoning (Raggi, J.)

What to do next…

  1. 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 748,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. 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.

    Learn about our approachRead more about Quimbee

Here's why 748,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 748,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership