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Wong v. PartyGaming Ltd.

United States Court of Appeals for the Sixth Circuit

589 F.3d 821 (2009)

Relevant factsFree

Wong and other Ohio residents (plaintiffs) sued Gibraltar-based online poker operator PartyGaming (defendant) in Ohio federal court for breach of contract, misrepresentation, and consumer-protection violations; PartyGaming's terms designated Gibraltar law and forum for any disputes. The district court enforced the clause and dismissed for forum non conveniens, and Wong appealed, arguing enforcement was unreasonable given that Gibraltar doesn't permit class actions.

IssueFree

Whether a federal court sitting in diversity applies federal law to determine the enforceability of a forum-selection clause.

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