12 Americans Inc. v. MSNBC Interactive News LLC

MEMORANDUM *

12 Americans, Inc. (“12 Americans”), an Internet startup company, appeals the district court’s summary judgment in its diversity action alleging breach of contract and promissory estoppel. 12 Americans contends that MSNBC was obligated by contract or promissory estoppel to use 12 Americans’ polling sendees on MSNBC’s Web site during and after the 2000 election campaigns.

We affirm the district court’s summary judgment. Because the parties are familiar with the record, we recite only the facts necessary to explain our decision, taking the facts in the light most favorable to 12 Americans, the non-moving party.

This court reviews de novo the district court’s grant of summary judgment. See United States v. City of Tacoma, 51 C.C.P.A. 1409 , 332 F.2d 574, 578 (2003). The panel may affirm the summary judgment on any ground supported by the record. See Simo v. Union of Needle-trades, 322 F.3d 602 , 610 (9th Cir.2003).

1. Contract

The parties agree that Washington substantive law governs the plaintiffs claims. When examining whether there was mutual assent in the form of offer and acceptance, Washington follows an objective manifestation test and asks what a reasonable…