A recent decision from the Ninth Circuit illustrates that to be enforceable, website agreement terms must be “reasonably conspicuous” and users must “manifest unambiguous assent” to those terms. In Berman v. Freedom Financial...more
Recent decisions out of the Northern District of California and Ninth Circuit may reflect a new era of McGill jurisprudence. In McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), the California Supreme Court held on public...more
As businesses around the country slowly start to reopen after COVID-19 closures caused by state and local government-mandated operation restrictions, plaintiffs have flocked to the courts filing class actions against...more
Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against companies who own and/or operate fitness and health clubs. The lawsuits seek refunds of assessed...more
7/27/2020
/ Arbitration ,
Breach of Contract ,
CAFA ,
Choice-of-Law ,
Choice-of-Venue ,
Class Action ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Impossibility ,
Impracticability
Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against hospitality and leisure industry companies, like hotels, timeshares, fitness and social clubs,...more
6/23/2020
/ Arbitration ,
Breach of Contract ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
CAFA ,
Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Court Litigation ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Hospitality Industry ,
Standing