AOL, LLC, mistakenly made public the personal information of 650,000 of its members. The members filed a suit, alleging violatio
ns 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 has declared in other cases that the AOL clause contravenes a strong public policy. If the court applies the doctrine of stare decisis, will it dismiss the suit? Explain. [Doe 1 v. AOL, LLC, 552 F.3d 1077 (9th Cir. 2009)
With the application of State Decisis Doctrine the case cannot be dismissed.
Explanation:
Stare Decisis Doctrine is the one that will provide legal support to promote the legal bases that will allow the case to continue on trial in California. This is because the cause presented in the question above, presents an inexorable selection forum throughout the national territory, in this case, if AOL committed a violation of the public order in a very intense way, the judges cannot file or transfer the case to another state, but they are required to continue the trial within the state where the violation occurred.
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Bias is a psychological way of making preferential judgement in a manner that is unfair. It is a clouded judgement based on assumptions, favouritism or irrational beliefs.
