Expedia 2009 Annual Report Download - page 40

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(State of South Carolina Court of Appeals). Plaintiff appealed the Administrative Law Court’s order of
February 13, 2009, relating to the South Carolina Department of Revenue’s assessment of sales and
accommodations taxes against plaintiffs. The appeal has been briefed and is pending.
Broward County, Florida Litigation. On January 12, 2009, Expedia, hotels.com, L.P. and Hotwire filed
separate actions against Broward County, Florida and the Florida Department of Revenue. Expedia, Inc. v.
Broward County Florida, et. al., Case Nos., 37 2009 CA 000131, 37 2009 CA 000129, and 37 2009 000128
(Second Judicial Circuit Court, State of Florida, Leon County). The complaints contest the assessments against
plaintiffs on the grounds that plaintiffs are not subject to the tourist development tax, among other claims.
Defendants answered and asserted counterclaims on February 2, 2009. Plaintiffs’ motion to dismiss defendants’
counterclaims is pending. On May 13, 2009, the court consolidated all cases for all purposes except trial on any
Broward counterclaims. Plaintiffs filed amended complaints on August 25, 2009. Broward County filed its
answer and counterclaims on October 7, 2009. The Department of Revenues’ response was filed on October 26,
2009. Defendants filed a motion to dismiss Broward County’s counterclaims on October 30, 2009.
St. Louis County, Missouri Litigation. On July 6, 2009, St. Louis County, Missouri filed an action against
a number of online travel companies, including Expedia, Inc. (DE), Expedia, Inc. (WA), hotels.com, hotels.com,
L.P., hotels.com GP, LLC, Hotwire, Inc., and TravelNow.com, Inc. St. Louis County, Missouri v. Prestige
Travel, Inc., et. al., Case No. 09SL-CC02912 (21st Judicial Circuit Court, St. Louis County, Missouri). The
complaint alleges that the defendants have failed to collect and/or pay taxes under the county’s tourism and hotel
tax ordinances. Some of the Expedia defendants were served on July 20, 2009. Plaintiff’s first amended petition
was filed on September 18, 2009. Defendants filed a motion to dismiss on November 30, 2009.
Village of Rosemont, Illinois Litigation. On July 23, 2009, Rosemont, Illinois filed an action against a
number of online travel companies including Expedia, Inc., hotels.com, L.P., and Hotwire, Inc. Village of
Rosemont, Illinois v. Priceline.com, Incorporated, et al.1:09-cv-04438 (U.S. District Court for the Northern
District of Illinois). The complaint alleges that defendants have failed to collect and/or pay taxes under the city’s
hotel tax ordinances. Defendants filed their answer on October 9, 2009. Defendants’ motion to dismiss is
pending.
Palm Beach County, Florida Litigation. On July 30, 2009, Palm Beach County, Florida filed an action
against a number of online travel companies including Expedia, Inc. (WA), TravelNow.com, Inc., hotels.com,
L.P., hotels.com GP, LLC, IAC/Interactive Corp. and Delaware Hotwire, Inc. d/b/a Hotwire, Inc. Anne Gannon,
in her capacity as Palm Beach County Tax Collector, on behalf of Palm Beach County v. Hotels.com, L.P., et al.,
50 2009 CA 025919 MB (Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida). The
complaint alleges that defendants have failed to collect and/or pay taxes under the county’s tourist development
tax ordinances. Plaintiff served an amended complaint on December 1, 2009. Defendants answered on January 8,
2010.
Lawrence County, Pennsylvania Litigation. On September 8, 2009, the County of Lawrence, Pennsylvania
filed an action against a number of online travel companies including Expedia, Inc., hotel.com, L.P., hotels.com
GP, LLC, Hotwire, Inc. and Travelnow.com, Inc. County of Lawrence, Pennsylvania v. Hotels.com, L.P., et al.,
Civil Action No. 2:09-cv-01219-GLL (U.S. District Court for the Western District of Pennsylvania). The
complaint alleges that defendants have failed to collect and/or pay taxes under state and municipal hotel
occupancy tax codes and alleges conversion and equitable claims. Defendants were served on September 25 and
September 28, 2009. Plaintiff dismissed this suit and refiled in state court.
Brevard County, Florida Litigation. On October 2, 2009, Brevard County Florida filed an action against a
number of online travel companies, including Expedia, Inc., hotels.com, L.P. and Hotwire, Inc. Brevard County,
Florida v. priceline.com Inc., et. al. 6:09-CV-1695-ORC-31JGK (U.S. District Court for the Middle District of
Florida, Orlando Division). The complaint alleges that defendants have failed to collect and/or pay taxes under
the county’s tourist development tax ordinances. Defendants have filed a motion to dismiss.
Pine Bluff, Arkansas Litigation. On September 25, 2009, Pine Bluff Advertising and Promotion
Commission, Jefferson County filed a class action against a number of online travel companies, including
Expedia, Inc., hotels.com, L.P. and Hotwire, Inc. Pine Bluff Advertising and Promotion Commission, Jefferson
34