AJEMIAN v. YAHOO!, INC.

No. 12-P-178.

83 Mass. App. Ct. 565 (2013)

MARIANNE AJEMIAN, coadministrator, & another v. YAHOO!, INC.

Appeals Court of Massachusetts, Norfolk.

May 7, 2013.


Attorney(s) appearing for the Case

Robert L. Kirby, Jr. , for the plaintiffs.

Marc J. Zwillinger , of the District of Columbia ( Hanson S. Reynolds with him) for the defendant.

Present: WOLOHOJIAN, BROWN, & CARHART, JJ.


WOLOHOJIAN, 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...

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