News & Analysis as of

Terms and Conditions Arbitration Appeals

Frost Brown Todd

Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

Frost Brown Todd on

Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more

Tyson & Mendes LLP

California Civil Procedure Code Section 998 – A Means to an End

Tyson & Mendes LLP on

On April 4, 2019, Vadim Gorobets sued Jaguar Land Rover North America, LLC based on allegations the defendant had violated the Song-Beverly Consumer Warranty Act (California’s “lemon law”). On October 15, 2020, defendant...more

Troutman Pepper Locke

Seventh Circuit Provides “How To” Successfully Present Consumer Arbitration Agreements

Troutman Pepper Locke on

A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more

Payne & Fears

Changing Your Terms and Conditions? If So, Your Company Must Provide Express Notice to Consumers

Payne & Fears on

The Ninth Circuit recently reminded companies that they must provide notice to consumers when they change their terms and conditions, even where original terms state that they are subject to change at-will and at any time...more

Proskauer - New Media & Technology

Thoughtful Presentations of Terms of Use Crucial for Enforceability

Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more

Seyfarth Shaw LLP

Court Of Appeals Says Blind Plaintiff is Not Bound By a Written Agreement to Arbitrate That He Could Not Read

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeals for the First Circuit says that an agreement to arbitrate presented visually to blind plaintiffs on a POS device and never read to thempo is not binding....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration

In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required as a condition of employment....more

Fisher Phillips

Kentucky Becomes First State To Prohibit Mandatory Arbitration As A Condition of Employment

Fisher Phillips on

The Kentucky Supreme Court just outlawed mandatory arbitration agreements that require applicants or employees to sign if they want to be hired or remain employed, making the Bluegrass State the first in the nation to do so....more

Mintz - Arbitration, Mediation, ADR...

On-line Arbitration Agreements: A Tale of Two “Click Wraps”

What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a...more

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