Legal Opinion

Dix v. ICT Group, Inc.

Court of Appeals of Washington

Decided February 17, 2005No. 23184-4-IIIPublishedCited by 6 opinions

1Opinion of the Court

¶1 — Suzy Dix and Jeffrey Smith appeal the trial court’s CR 12 dismissal of their claims. The dismissal was based on a contractual forum selection clause specifying Virginia as the proper forum for litigation. We reverse and remand.

Kato, C.J.

¶2 America Online, Inc. (AOL), is an internet service provider. Before becoming an AOL member and using its online services, an individual must choose to accept the Terms of Service Agreement (TOS) by clicking the “I agree” button while registering for a membership. Clerk’s Papers (CP) at 45, 162. One provision of the TOS is a forum selection clause which…

2Cases cited15 opinions

  1. America Online, Inc. v. Superior CourtCalifornia Court of Appeal · 2001
  2. Corrigal v. Ball & Dodd Funeral Home, Inc.Washington Supreme Court · 1978
  3. Voicelink Data Services, Inc. v. Datapulse, Inc.Court of Appeals of Washington · 1997
  4. In Re Charter First Mortgage, Inc.United States Bankruptcy Court, D. Oregon · 1984
  5. Gilman v. Wheat, First Securities, Inc.Court of Appeals of Maryland · 1997

10 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Dix v. ICT Group, Inc.Washington Supreme Court · 2007
  2. Dix v. ICT Group, Inc.Washington Supreme Court · 2007
  3. Erwin v. Cotter Health Centers, Inc.Court of Appeals of Washington · 2006
  4. Elvig v. NINTENDO OF AMERICA, INC.District Court, D. Colorado · 2010
  5. Erwin v. Cotter Health Centers, Inc.Court of Appeals of Washington · 2006

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API