Roller v. TV Guide Online Holdings, LLC (Majority)
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Appellants filed a class action complaint against TV Guide Online Holdings, claiming that, upon accessing TV Guide's website, TV Guide downloaded a Flash cookie onto their computers without their knowledge or consent. Appellants alleged that they were residents of Washington County and that a substantial part of the events giving rise to their claims occurred in Washington County. TV Guide filed a motion to dismiss on the basis that Appellants had not pleaded facts sufficient to show that venue was proper in Washington County. The circuit court granted the motion, concluding that Appellants had not pleaded sufficient facts to avoid jurisdiction and venue in Los Angeles, California because, by using TV Guide's website, Appellants had consented to venue in Los Angeles. The Supreme Court reversed and remanded, holding (1) subject-matter jurisdiction cannot be created or waived by agreement between the parties; (2) TV Guide did not meet its burden of showing that an enforceable agreement existed between it and Appellants relating to the proper venue in which to bring claims; and (3) TV Guide failed to establish that venue was improper in Washington County.
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