CASE ACTIVITIES 1 2
Case Activities 1
1-5
[Doe 1 v. AOL LLC, 552 F.3d 1077 (9th Cir. 2009)]
AOL, LLC, mistakenly made public the personal information of 650,000 of its members.
The members filed a suit, alleging violations of California law. AOL asked the court to dismiss
the suit on the basis of a “forum-selection” clause in its member agreement that designates
Virginia courts as the place where member disputes will be tried. Under a decision of the United
States Supreme Court, a forum-selection clause is unenforceable “if enforcement would
contravene a strong public policy of the forum in which suit is brought.” California courts have
declared in other cases that the AOL clause contravenes a strong public policy. If the court