News & Analysis as of

Terms of Use Arbitration Mandatory Arbitration Clauses

Ladas & Parry LLP

Read Before Signing - Important lessons from recent court rulings involving problematic contracts.

Ladas & Parry LLP on

IN THREE COURT DECISIONS IN THE PAST SEVERAL MONTHS, two themes emerged: reading the contract before you sign and understanding the law that applies. In the first case, a court needed to decide which of two contracts...more

Orrick, Herrington & Sutcliffe LLP

District Court upholds arbitration in website terms of use

On March 28, the U.S. District Court for the Western District of North Carolina ruled that class members must arbitrate their claims against an online lending marketplace relating to a 2022 data breach that affected current,...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Live Nation Arbitration

This week, the Court addresses the enforceability of an arbitration provision in Live Nation and Ticketmaster’s terms of use. OBERSTEIN V. LIVE NATION ENTERTAINMENT, INC. The Court holds that Live Nation and...more

Holland & Knight LLP

Uber Loses Appeal Challenging $91 Million in Mass Arbitration Fees

Holland & Knight LLP on

The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half....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

Carlton Fields

Second Circuit Affirms EDNY Ruling That Customer Is Bound to Arbitration Clause in Amazon’s Conditions of Use

Carlton Fields on

A customer argued that he is not bound to the arbitration clause included in Amazon’s conditions of use since August 2011 because he never received notice of the clause or manifested his assent to it. Nonetheless, the...more

Carlton Fields

Ninth Circuit Affirms District Court's Order Denying Motion to Compel Arbitration in Putative Class Action Where Defendant Failed...

Carlton Fields on

The Ninth Circuit affirmed the district court’s order denying Double Down Interactive, LLC, and International Game Technology’s (collectively, “Double Down”) motion to compel arbitration in a putative class action filed by...more

Carlton Fields

Court Declines to Compel Arbitration Based on Third-Party Agreement

Carlton Fields on

The U.S. District Court for the Southern District of Florida recently refused to compel arbitration in a putative class action based on an arbitration clause a plaintiff agreed to on a third party’s website he used to book a...more

Carlton Fields

Shingled Out: Eleventh Circuit Binds Homeowners To Individual Arbitration Provisions Displayed On Roofing Shingle Packaging

Carlton Fields on

This case involved a twist on the classic “shrinkwrap” agreement. Here, plaintiff homeowners brought a putative class action seeking damages and declaratory relief on behalf of a class of building owners who had used Tamko...more

Morrison & Foerster LLP - Social Media

Sneaky Website User Bound by Online Terms of Use Provision Despite Renewing Subscription in Spouse’s Name

On July 19, 2018, in May, et al. v. Expedia Inc., U.S. Magistrate Judge Mark Lane issued a Report and Recommendation recommending that U.S. District Judge Robert Pitman for the Western District of Texas grant a motion to...more

Carlton Fields

Case Alleging That Barnes & Noble Wrongfully Shared Customer Information With Facebook Ordered To Arbitration

Carlton Fields on

Plaintiff filed a class action against Barnes & Noble in the Southern District of New York, alleging that it violated her privacy by sharing information about her purchases with Facebook. Barnes & Noble moved to compel...more

Carlton Fields

Ninth Circuit Affirms Application Of Arbitration Clause Found In Amazon’s Conditions Of Use

Carlton Fields on

Applying Washington law, the Ninth Circuit Court of Appeals affirmed a California federal court’s ruling that Amazon’s Conditions of Use (COU) created a valid contract between Amazon and its customers, and there was no...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide