U.S. Court of Appeals for the 9th Circuit
Jan. 21, 2009
9th Circuit: AOL Class Action Can Proceed in California
The tiny word "of" had big implications for angry AOL members looking to sue after their Internet service provider publicly disclosed their search records. A 9th U.S. Circuit Court of Appeals panel Friday scrutinized the phrase "courts of Virginia" as it appears in AOL's member agreement and concluded that California public policy trumps the service provider's effort to keep class action litigation over the disclosure in Virginia state court.
Daily Journal Staff Writer SAN FRANCISCO - The tiny word "of" had big implications for angry AOL members looking to sue after their Internet service provider publicly disclosed their search records. A unanimous 9th U.S. Circuit Court of Appeals panel Friday scrutinized the phrase "courts of Virginia" as it appears in AOL's member agreement and concluded that California public policy trumps the service provider's effort to keep class...
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