How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33766
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

2 Questions: 1) If I download an app on my phone in

Customer Question

2 Questions:
1) If I download an app on my phone in California, and the app was made in Texas, and in the terms and conditions of the app, it says "this application is subject to the jurisdiction of the laws of the State of Texas" and I agree to those terms while installing the app, are the app designers also subject to the laws of California, since they've made themselves available for use in California?
2) If a judge approves a settlement in a Class Action law suit, does the judge interpret the law of which the company was accused of violating as part of the approval? Or does the judge just read the settlement and approve if all parties agree? Once that settlement is approved, can that set a precedent for future settlements, or law suits?
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

.

are the app designers also subject to the laws of California, since they've made themselves available for use in California?

.

Not with regard to any contract dispute or any claim for breach. This is called a "choice of forum" clause and fixes the laws that control any dispute to Texas. You might be able to sue in CA, but they would be obligated to apply Texas law.

.

2) If a judge approves a settlement in a Class Action law suit, does the judge interpret the law of which the company was accused of violating as part of the approval? Or does the judge just read the settlement and approve if all parties agree?

.

He just approves the settlement. If the parties settle before a trial then the judge doesn't try the case and have to interpret the law that applies and how to apply it.

.

Once that settlement is approved, can that set a precedent for future settlements, or law suits?

.

Yes, as long as it isn't agreed that it will be a confidential settlement, then other plaintiffs can use that as rule of thumb as to what they will settle for. It isn't binding of controlling in any way, but can give an idea of what someone could expect.

.

.

thanks

Barrister

Related Legal Questions