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TABATHA WHITE, Petitioner-Appellee, v. JEWEL STEELE, Warden, Respondent-Appellant. |
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Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 06-00428—William J. Haynes, Jr., District Judge.
Argued: October 16, 2009
Decided and Filed: December 21, 2009
Before: MARTIN, ROGERS, and COOK, Circuit Judges.
COOK, Circuit Judge. Jewel Steele, Warden, appeals the district court’s grant of a writ of habeas corpus to inmate Tabatha White. We reverse because, in its sufficiency-of-the-evidence review, the district court failed to accord the deference due to the judgment of the Tennessee Court of Criminal Appeals.
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ROSE WONG; PATRICK GIBSON, Plaintiffs-Appellants, v. PARTYGAMING LTD.; PARTYGAMING PLC, Defendants-Appellees. |
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Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 06-02376—Ann Aldrich, District Judge.
Argued: November 17, 2009
Decided and Filed: December 21, 2009
Before: MERRITT, GIBBONS, and McKEAGUE, Circuit Judges.
McKEAGUE, Circuit Judge. Rose Wong and Patrick Gibson (together “plaintiffs”) filed a lawsuit on behalf of themselves and similarly situated Ohio residents against PartyGaming Ltd., a Gibraltar-based company which hosts online poker games. In the suit, plaintiffs alleged breach of contract, misrepresentation, and violation of Ohio consumer protection laws. PartyGaming moved to dismiss the suit pursuant to a forum selection clause in its terms and conditions, which plaintiffs had agreed to when they registered on the site. The forum selection clause specified that all disputes would be subject to the exclusive jurisdiction of the courts of Gibraltar. Plaintiffs appeal the district court’s dismissal of the suit sua sponte for forum non conveniens. For the following reasons, we AFFIRM the decision of the district court.