News & Analysis as of

Cell Phones Contract Terms

A&O Shearman

Incorporating by reference? Be caring and as clear as the sky is blu

A&O Shearman on

A cancellation clause in a signed mobile phone supply contract was considered unduly onerous and not fairly and reasonably drawn to the purchaser’s attention to be incorporated by reference. ...more

Carlton Fields

Court of Appeals Finds District Court Did Not Err in Lifting Stay Ordered to Refer Case to Arbitration

Carlton Fields on

Lawren Freeman entered into a contract with SmartPay Leasing LLC to lease a smartphone. The contract included an arbitration clause. Freeman filed suit in the federal district court against SmartPay. ...more

Kilpatrick

Ninth Circuit: An Enforceable Arbitration Agreement Requires Notice To And Assent By The Consumer

Kilpatrick on

Takeaway: Technology advances. Business processes evolve. Contract formation, however, remains an old-fashioned concept. A party must have notice of and actually assent to a contractual provision to be bound by it. Where an...more

Carlton Fields

Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

Carlton Fields on

The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more

Ballard Spahr LLP

Ninth Circuit: In-Box Arbitration Clause Not a Binding Contract

Ballard Spahr LLP on

Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more

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