Legal Opinion

Ajemian v. Yahoo!, Inc.

Massachusetts Appeals Court

Decided May 7, 2013No. 12-P-178PublishedCited by 43 opinions

1Opinion of the CourtWolohojian, J.

The plaintiffs, who are coadministrators of their brother John’s estate, brought the underlying declaratory judgment action in the Probate and Family Court, seeking a declaration that electronic mail messages (e-mails) John sent and received using a Yahoo!, Inc. (Yahoo!), e-mail account are property of his estate.3 A probate judge dismissed the complaint, concluding that a forum selection clause required that suit be brought in California. The judge also concluded that res judicata barred the administrators from bringing their claim in a Massachusetts court, but did not bar them from…

2Cases cited37 opinions

  1. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  2. Augat, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1991
  3. Intergen N v. v. GrinaCourt of Appeals for the First Circuit · 2003
  4. Dieter M. Hugel, Gulf Coast Marine, Incorporated, and Ocean Marine Indemnity Company v. The Corporation of Lloyd's, a United Kingdom CorporationCourt of Appeals for the Seventh Circuit · 1993
  5. Kobrin v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 2005

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3Cited by43 opinions

  1. Mitch Oberstein v. Live Nation Ent'm't, Inc.Court of Appeals for the Ninth Circuit · 2023
  2. Cullinane v. Uber Technologies, Inc.Court of Appeals for the First Circuit · 2018
  3. Nat'l Fed'n of the Blind v. Container Store, Inc.Court of Appeals for the First Circuit · 2018
  4. Bekele v. Lyft, Inc.Court of Appeals for the First Circuit · 2019
  5. Bekele v. Lyft, Inc.District Court, D. Massachusetts · 2016

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