Expedia 2012 Annual Report Download - page 42

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Montgomery County, Maryland Litigation. On December 21, 2010, Montgomery County filed suit against a
number of online travel companies, including Hotels.com, Expedia and Hotwire. Montgomery County, Maryland
v. Priceline.com, Inc., et al., Case No. 8:10-cv-03558-AW (United States District Court for the Northern District
of Maryland, Northern Division). The complaint includes claims for declaratory judgment, injunctive relief,
violation of Montgomery County’s Transient Occupancy Tax Code, conversion, unjust enrichment/assumpsit,
imposition of a constructive trust, and damages. The complaint seeks recovery of unspecific damages. On
March 3, 2011, defendants filed a motion to dismiss. On July 20, 2011, the court granted in part and denied in
part defendants’ motion to dismiss.
McAllister Arkansas Citizen-Taxpayer Litigation. On February 22, 2011, two citizens representing a
proposed class of all citizen-taxpayers in the State of Arkansas brought suit against a number of online travel
companies, including Hotels.com, Expedia and Hotwire. McAllister v. Hotels.com, et al., Case No. CV
2011-125-2 (Circuit Court of Saline County Arkansas). The complaint includes claims for declaratory and
injunctive relief. The defendant online travel companies filed a motion to dismiss. On February 2, 2012, the court
denied the defendant online travel companies’ motion to dismiss. Trial is currently set for September 2013.
District of Columbia Litigation. On March 22, 2011, the District of Columbia brought suit against a number
of online travel companies, including Hotels.com, Expedia and Hotwire. District of Columbia v. Expedia, Inc., et
al., Case No. 2011 CA 002117B (Superior Court of the District of Columbia). The court has denied the online
travel companies’ motion to dismiss. The District of Columbia filed a motion for summary judgment. On
December 12, 2011, the court denied the District’s motion for summary judgment without prejudice and ordered
the parties to proceed with fact and expert discovery. The parties filed cross-motions for summary judgment. On
September 24, 2012, the court granted in part the District of Columbia’s motion on summary judgment and
denied the online travel companies’ motions on summary judgment. On October 18, 2012, the online travel
companies filed a motion to amend the court’s order to permit immediate appeal and for a stay pending appeal.
On December 11, 2012, the court denied the motion.
Volusia County, Florida Litigation. On April 28, 2011, Volusia County brought suit against a number of
online travel companies, including Hotels.com, Expedia and Hotwire. Volusia County v. Expedia,et al., Case
No. 2011-10834-CIDL (In the Circuit Court, Seventh Judicial Circuit, in and for Volusia County, Florida). The
complaint includes claims for tourist development tax, convention development tax, transient rentals tax, and
school capital outlay surtax. The court has denied the online travel companies’ motion to dismiss.
Town of Breckenridge, Colorado Litigation. On July 25, 2011, the Town of Breckenridge, Colorado brought
suit on behalf of itself and other home rule municipalities against a number of online travel companies, including
Hotels.com, Expedia and Hotwire, Town of Breckenridge, Colorado v. Colorado Travel Company, LLC, Case
No. 2011CV420 (District Court, Summit County, Colorado). The complaint includes claims for declaratory
judgment, violations of municipal ordinances, conversion, civil conspiracy and unjust enrichment. The online
travel companies have filed a motion to dismiss. On June 8, 2012, the court granted in part and denied in part the
online travel companies’ motion to dismiss. On December 12, 2012, plaintiff moved for class certification.
Kent County, Michigan Litigation. On November 29, 2011, Kent County Michigan brought suit against a
number of online travel companies, including Hotels.com and Expedia. County of Kent, Michigan v. Hotels.com,
L.P., et al., Case No. 11-11382-CZ (Circuit Court, Kent County, Michigan). The complaint includes claims for
declaratory judgment, violations of county ordinances, conversion, unjust enrichment, constructive trust, money
had and received and joint venture liability. The plaintiff later moved to dismiss its complaint and, on
December 4, 2012, the court granted the motion and dismissed the complaint and all causes of action alleged
therein with prejudice.
State of Mississippi Litigation. On December 29, 2011, the State of Mississippi brought suit against a
number of online travel companies, including Hotels.com, Expedia and Hotwire, State of Mississippi v.
Priceline.com, et al., Case No. G-2011-002211 (Chancery Court, Hinds County, Mississippi). The complaint
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