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WONG v. PARTYGAMING LTD.

No. 08-4295.

589 F.3d 821 (2009)

Rose WONG; Patrick Gibson, Plaintiffs-Appellants, v. PARTYGAMING LTD.; Partygaming PLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 21, 2009.

Attorney(s) appearing for the Case

ARGUED: Aparesh Paul, Levin & Associates Co., L.P.A., Cleveland, Ohio, for Appellants. Behnam Dayanim, Paul, Hastings, Janofsky & Walker LLP, Washington, D.C., for Appellees. ON BRIEF: Aparesh Paul, Joel Louis Levin, Christopher M. Vlasich, Levin & Associates Co., L.P.A., Cleveland, Ohio, Edward Willard Cochran, Cochran & Cochran, Shaker Heights, Ohio, for Appellants. Behnam Dayanim, Kelly A. DeMarchis, Jeremy P. Evans, Paul, Hastings, Janofsky & Walker LLP, Washington, D.C., for Appellees.

KEAGUE, J., delivered the opinion of the court, in which GIBBONS, J., joined. MERRITT, J. (pp. 834-35), delivered a separate concurring opinion.

OPINION

KEAGUE, Circuit Judge.

Rose Wong and Patrick Gibson (together "plaintiffs") filed a lawsuit on behalf of themselves and similarly situated Ohio residents against PartyGaming Ltd., a Gibraltar-based company which hosts online poker games. In the suit, plaintiffs alleged breach of contract, misrepresentation, and violation of Ohio consumer protection laws. PartyGaming moved to dismiss the suit pursuant to a forum selection clause in its terms and conditions...

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