SmartBrief
Confirm favorite deletion?
Conflict of Laws Keyed to Brilmayer
Wong v. PartyGaming Ltd.
Citation:
589 F.3d 821 (6th Cir. 2009)Facts
Defendant, PartyGaming Ltd., is a Gibraltar-based company that hosts online poker games. Plaintiffs, Rose Wong and Patrick Gibson, actively participated in PartyGaming’s online poker business as players. To take part in the online poker games, customers were required to register on PartyGaming’s website and agree to is “Terms and Conditions of Use” (the “agreement”). The agreement included two relevant provisions: (1) an anti-collusion policy and (2) a forum selection clause. The first paragraph of the agreement also included a warning to customers that they should read the entirety of the terms and conditions.
In September 2006, Plaintiffs filed a diversity suit on behalf of themselves and other Ohio residents against PartyGaming in the Northern District of Ohio, alleging that PartyGaming affirmatively represented that collusion and multi-account players did not occur on its website. Plaintiffs also claimed that PartyGaming affirmatively represented that it did not encourage gambling by minors or gambling addicts. Plaintiffs argued that these representations were false and violated Ohio’s consumer protection laws, breached the agreement, and induced Plaintiffs to join the website. The district court certified a class consisting of all people in the state of Ohio who paid a registration fee on PartyGaming’s website. PartyGaming moved to dismiss the suit pursuant to the forum selection clause. The district court found that the forum selection clause was valid and dismissed the action sua sponte for forum non conveniens. Plaintiffs appealed to the U.S. Court of Appeals for the Sixth Circuit.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Outline 