Barnett v. Network Solutions, Inc.’s Empirical Analysis

Citation profile

3 federal appellate · 11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We also disagree with [plaintiffs] claim that the forum selection clause was placed in the registration agreement only to discourage legitimate legal claims. Even though NSI does not have the burden on this issu^, the record reveals that there were legitimate rea^ sons for including the forum selection clause in the contract. .NSI has received more that 6,000,000 registration applications from throughout the world. Without a forum selection provision, NSI could be sued in forums, throughout the world. Furthermore, because NSI charged only $35 per registration, the forum selection clause was a reasonable way to keep the price of the service low and to eliminate uncertainties.”

   1 later decision quote this exact passage
   e.g. Klenz v. AVI International

2. “By the very nature of the electronic format of the contract, Barnett had to scroll through that portion of the contract containing the forum selection clause before he accepted its terms.... It was Barnett’s responsibility to read the electronically-presented contract, and he cannot complain if he did not do so.”

   1 later decision quote this exact passage
   e.g. 425 F. Supp. 2d 756 - Recursion Software, Inc. v. Interactive Intelligence, Inc.