Northern District Finds Certain Terms in Facebook’s Click-Through Contracts Ambiguous for Purposes of 12(b)(6)

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Judge Jeremy Fogel of the Northern District of California granted in part a defendant’s 12(b)(6)motion to dismiss in In re Facebook Advertising Litigation, 2010 WL 3341062 (N.D. Cal. Aug. 25, 2010).  Plaintiffs RootZoo, Inc. (“RootZoo”), Steven Price (“Price”), and Matthew Smith (“Smith”) (collectively, “Plaintiffs”) filed a putative class action arising out of individual contracts between Plaintiffs and Facebook (“Defendant”). Id. *1. RootZoo, Price, and Smith individually entered into “click-through” contracts with Defendant for advertising on its website. Id. Read the rest of this entry »


Wal-Mart Files Its Cert Petition in Dukes v. Wal-Mart

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Wal-Mart filed its cert petition last week of Dukes v. Wal-Mart Stores, Inc., 603 F.3d 571 (9th Cir. Apr. 26, 2010).  Sitting en banc, Ninth Circuit affirmed District Judge Martin J. Jenkins’ order certifying a Fed. R. Civ. P. 23(b)(2) class of current employees with respect to their claims for inclutive relief, declaratory relief, and back pay.  The petition presents 2 questions:

I. Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2)—which by its terms is limited to injunctive or corresponding declaratory relief—and, if so, under what circumstances. Read the rest of this entry »