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Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits

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The litigation over Facebook’s sponsored stories occurred what seems like eons ago. Recently, the last of it wrapped up (although the latest ruling is the subject of a petition for rehearing en banc). It generated lots of blog fodder, and some interesting rulings, but was ultimately swatted away by Facebook. CMD v. Facebook: A more interesting aspect of the dispute involved claims brought by minors and whether they would disaffirm contracts under California’s statute providing for minor disaffirmance in certain situations. A district court ruled that the contract in question—Facebook’s terms of service—did not fit into one of those which gave rise to statutory right of disaffirmance. It did not: (a) give a delegation of power (b) make a contract relating to real property … (c)  make a contract relating to personal property not in the immediate possession or control of the minor the court also said the plaintiffs did not disaffirm…

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