United States Second Circuit

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Johnson v. Priceline.com, Inc., 12-1744

Judgment dismissing plaintiff's state law claims for breaches of fiduciary duty and contract, and unfair trade practices is affirmed, where because plaintiffs have failed as a matter of law to allege an agency relationship between defendant and consumers who use defendant's "Name Your Own Price" service to reserve hotel accommodations, they cannot plausibly claim that defendant breached an agent's fiduciary duty in failing to apprise consumers that it might have procured the accommodations at costs lower than their bids, retaining the difference as profit.

Appellate Information

  • Decided 03/27/2013
  • Published 03/27/2013




  • United States Second Circuit


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