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CASPI v. MICROSOFT NETWORK, L.L.C.

732 A.2d 528 (1999)

323 N.J. Super. 118

Steven J. CASPI, Ronald W. Jonas, Arden Jeffrey Cone III, and Laurel Barrie, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. The MICROSOFT NETWORK, L.L.C., and Microsoft Corporation, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1999.

Attorney(s) appearing for the Case

Steven L. Wittels, Armonk, NY and Jeremy Heisler of the New York bar, Kew Gardens, NY, admitted pro hac vice, for plaintiffs-appellants (Mr. Wittels and Mr. Heisler, on the brief).

Charles B. Casper, Philadelphia, PA, for defendants-respondents (Montgomery, McCracken, Walker & Rhoads, and Connell, Foley & Geiser, Cherry Hill, attorneys; Mr. Casper, Stacy Alison Fols, Cherry Hill, and Richard D. Catenacci, Ringoes, on the brief).

Before Judges LONG, KESTIN and WEFING.

The opinion of the court was delivered by KESTIN, J.A.D.

We are here called upon to determine the validity and enforceability of a forum selection clause contained in an on-line subscriber agreement of the Microsoft Network (MSN), an on-line computer service. The trial court granted defendants' motion to dismiss the complaint on the ground that the forum selection clause in the parties' contracts called for plaintiffs' claims to be litigated in the State of Washington...

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