Constructive Notice

News & Analysis as of

Ninth Circuit Affirms Decision Not To Enforce Browsewrap Arbitration Agreement

On August 18, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s decision not to enforce a retailer’s online “browsewrap” arbitration agreement because the retailer failed to provide adequate...more

Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, Ninth Circuit Holds

In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not...more

Copyright Statute of Limitation Trigged on Actual or Constructive Notice

Psihoyos v. John Wiley & Sons, Inc. - Addressing the issue of accrual of a claim for copyright infringement, the U.S. Court of Appeals for the Second Circuit upheld the lower court’s denial of summary judgment for the...more

Appellate Court Notes - Week of December 23

AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

Argue v. Tay (Township): Supreme Court Denies Leave to Appeal after Claim is Dismissed for Failure to Comply with 10-day Municipal...

The Supreme Court of Canada has dismissed the plaintiff’s application for leave to appeal after her claim was dismissed on a summary judgment motion for failure to provide written notice to the clerk of the municipality...more

When Is A Notice-Of-Assignment Clause Not Effective?

A provision in a contract, no matter how unequivocal, does not always trump the law....more

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