Wong v. Partygaming Ltd.

589 F.3d 821 (2009)

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Nature of the Case

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Facts

D runs an online poker business. Ps actively participated as players. Ps registered on D's website and agreed to its 'Terms and Conditions of Use.' D has an anti-collusion policy, which states that customers are prohibited from holding more than one account and that D is committed to preventing collusion and cheating. As part of its anti-collusion policy, D provides information on its website regarding a 'Collusion Prevention System' used to identify and ban colluding players and detect multi-account players. The Terms and Conditions provide that the agreement shall be governed by the laws of Gibraltar and any disputes shall be subject to the exclusive jurisdiction of the courts of Gibraltar. Ps sued D for breach of contract, misrepresentation, and violation of Ohio consumer protection laws. Ps sought certification of a class of all similarly situated individuals. The district court provisionally certified a class consisting of all persons in the state of Ohio who paid a registration fee on D's website. D eventually argued that the suit should be brought in Gibraltar due to the forum selection clause. D filed a motion to dismiss Ps' third amended complaint under 12(b)(3), due to the Gibraltar forum selection clause. The court dismissed the action sua sponte for forum non conveniens citing the Gibraltar forum selection clause.