In re the Complaint of Anthony J. Bertucci Construction Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the locus of operative facts was correctly determined to be where the defendant’s place of business was because this was where the alleged wrongful conduct derived from
• finding plaintiff assented to defendant’s terms of service when she clicked a box agreeing to the defendant's terms of service
• declining to hold evidentiary hearing where the defendant had submitted “thorough” evidence in support of enforcement but the plaintiff had submitted “no[ne]”
• enforcing forum selection clause where prospective members had to check a 5 box confirming they read and agreed to the website’s terms and conditions to obtain an account
• enforcing forum selection clause where consumer had to check a box manifesting consent
• “[E]ven if plaintiff failed to read the terms she agreed to, she is nevertheless bound by the forum selection clause.”

Source: CourtListener parenthetical corpus (CC0).