Judge Susan Illston

eBay lost its motion to dismiss a lawsuit by a seller over its Featured Plus listing upgrade. According to Courthouse News Service, U.S. District Judge Susan Illston agreed Thursday that the contract claim can move forward, writing: "Defendants' argument that the contract did not promise "priority" if consumers initiated their search from Core eBay or decided to sort their search results by anything other than "Best Match," ignores that the Featured Plus! description did promise to list Featured Plus! items in a "section at the top of the search results page" without any limitation or description."