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Breach of Contract › Opt-Outs

Carlton Fields

Delaware Superior Court Finds Securities Class Action and Its Opt Outs’ Subsequent Class Action Are “Related Claims”

Carlton Fields on

In First Solar Inc. v. National Union Fire Insurance Company of Pittsburgh, the Delaware Superior Court held there was no coverage for a class action brought by the individuals who opted out of a prior class action that had...more

Proskauer - New Media & Technology

Site Cannot Compel Arbitration Based upon Later-Amended Terms without Showing Adequate User Notification of Change

Proskauer - New Media & Technology on

A D.C. district court ruled that an eBay user did not assent to a later-added arbitration clause to the user agreement by virtue of a provision that stated eBay could amend the agreement at any time, as the user may not have...more

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