Case Study: Forum Shopping
In its user service agreement, Facebook includes a forum selection clause that requires users with legal disputes to file any lawsuits against Facebook in courts physically located near its northern California corporate headquarters. Review the discussion of this issue in your textbook (Legal Strategy 101, pp. 100-101); then, analyze the following questions:
- Is forum shopping ethical? What are you using as your ethical standard?
- Should courts enforce forum selection clauses in business-to-consumer contracts like the Facebook user agreement? Why or why not?
- Suppose Facebook did not have a forum selection clause in its user agreement. Would Facebook be subject to the jurisdiction of every state court in the United States, since it has millions of users in every U.S. state?
Refer to the Assignment Instructions folder of the course for general directions and grading rubrics for Discussion Boards, including requirements for word length, scholarly sources, and integration of a Biblical worldview.
Use the words “Ethical” or “Not Ethical” in the subject line of your thread to identify your conclusion. Do not use attachments, as these are cumbersome and inhibit the discussion process.
Note that replies must be posted on different days. At least 1 of your replies must be to a classmate who reached a different conclusion than you did.
Submit your thread by 11:59 p.m. (ET) on Monday of Module/Week 1. Submit your first reply by 11:59 p.m. (ET) on Thursday and your second reply by 11:59 p.m. (ET) on Monday of Module/Week 2.