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9th Circuit: $10K 'Bet' Can't Settle E-Retailer Fight

The Recorder

February 16, 2005

L.L. Bean and Gator.com settled a case over pop-up ads last summer, but both sides asked to keep the issue of whether federal courts have jurisdiction over out-of-state Internet retailers alive -- and included a provision in their settlement agreement that said Gator.com would pay L.L. Bean $10,000 more if a panel decided in favor of the apparel retailer. Despite the "side bet," a 9th Circuit panel decided Tuesday the issue was moot because the parties had settled.

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