I'm not sure how this adds anything if you've already negotiated an exclusive
jurisdiction provision in the contract. Are you spotting these in terms of
service provisions or negotiated contracts?
Regards,

- Warren Agin

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Warren E. Agin
Swiggart & Agin, LLC
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direct: 617.517.3203
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http://www.swiggartagin.com
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----- Original Message -----

From: Carol Shepherd
To: CYBERIA-L@...
Sent: Wednesday, September 17, 2008 3:44 PM
Subject: "Deemed" jurisdiction / disclaimed personal jurisdiction


I just saw my third or fourth instance of a contract provision along the
lines of:

"You agree that 1. the site, services and platform shall be deemed
solely based in [STATE] and 2. the site shall be deemed a passive
website that does not give rise to personal jurisdiction over us, either
specific or general, in jurisdictions other than [STATE]."

This seems to be at best hopeful and at worst in terrorem but I've
probably missed some relevant developments.

Can anyone point me to state or federal caselaw (conflicts of laws or
jdx, contracts cases, or otherwise) which would support this gambit?
--

Carol Ruth Shepherd, Esq.
VP/General Counsel Loud Feed, Inc. | http://loudfeed.com
Principal, Arborlaw PLC | http://arborlaw.biz
734.717.4646 v 734.786.1241 f


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