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Google has moved to dismiss a class action click fraud lawsuit filed in Pennsylvania in August, saying the plaintiff is required by his AdWords contract to file suit in California.
Google Watch was the first to break the story that Samuel Lassoff, a personal injury attorney and amateur Web site operator, filed suit against the search engine for breach of contract, negligence, unjust enrichment and unfair business practices.
Lassoff’s class action complaint was the third against Google this year, following the Arkansas lawsuit in May, since settled for $90 million, and the lawsuit brought by Click Defense in California in June.
Google, according to their motion to dismiss Lassoff’s lawsuit, argues that Lassoff’s AdWords contract binds adjudication to Santa Clara County. Lassoff’s case should be dismissed without prejudice, and Lassoff should be allowed to refile in California. It is not unusual for Google to file motions to dismiss on technical legal grounds.
If the judge grants Google’s request for dismissal, Lassoff can choose to refile in California. But since he’s not licensed to practice in that state, he will either contract with a lawyer in the state to file for him or request to appear pro hac vice.