A case is filed against the company A, LLC in California court for the leakage of personal information of 650,000 members to public. The company A claims that they have a “forum-selection clause” in their member agreement, putting the jurisdiction of all the disputes in Virginia, and a US Supreme Court precedent that “forum-selection clause” will be unenforceable if it is against the public policy. Also, the policies of the company A have been declared against public policy by Californian courts in other cases of the company A. To Explain: Application of stare decisis in California Court to determine the case.

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Assume that there are two conflicting statutes. One of the statutes is a state statute published in 1970, and the other statute is a federal statute published in 1995. Each of these two statutes is about interstate commerce. Which statute would prevail? O It depends on the jurisdiction. O The state statute, because interstate commerce is a state issue. O The federal statute, because it is newer. O The federal statute, because of the supremacy clause. O The state statute, because of the division of federalism.

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Chapter 1, Problem 4BCP

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Case Summary:A case is filed against the company A, LLC in California court for the leakage of personal information of 650,000 members to public. The company A claims that they have a “forum-selection clause” in their member agreement, putting the jurisdiction of all the disputes in Virginia, and a US Supreme Court precedent that “forum-selection clause” will be unenforceable if it is against the public policy. Also, the policies of the company A have been declared against public policy by Californian courts in other cases of the company A.

To Explain:Application of stare decisis in California Court to determine the case.

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