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“mutual assent” AND arbitrat*
JDX
Summarize the outcome of this case.
Did the plaintiff claim not to have read the terms?
Insofar as it turns on the reasonableness of notice, the enforceability of a web-based agreement is clearly a fact-intensive inquiry. See Schnabel, 697 F.3d at 124 . Nonetheless, on a motion to compel arbitration, we may determine'' that an agreement to- arbitrate exists where the notice of the arbitration provision was...
1:20-cv-09744 | S.D.N.Y. | May 20, 2021
Zheng v. Live Auctioneers LLC
Instead, the plaintiff has submitted a different screenshot of the webpage from an archive tool—Wayback Machine—that does not show the banner requiring the plaintiff to click “AGREE.” Declaration of Jeffrey Blake ¶ 4. The defendant explains that the defendant’s website only displays the banner with the clickwrap...
The Second Circuit has made clear that “clickwrap” agreements, such as the one at issue here, “can serve as valid consent to arbitrate because in checking a box the user must affirmatively assent to the terms of the agreement.” Porcelli, at *4 (citing Meyer v. Uber Techs., 868 F.3d 66 , 75 (2d Cir. 2017))...
1:19-cv-06718 | S.D.N.Y. | Jul 12, 2020
Shron v. LendingClub Corporation
The Court concludes that Defendant’s interface does not provide to a consumer inquiry notice of the arbitration terms contained within the Arbitration Agreements. A clickwrap agreement that does not indicate the legal significance of its provisions fails to place a user on inquiry notice....
Defendants cite certain well-known cases involving shrinkwrap licensing and related commercial practices in support of their contention that plaintiffs became bound by the SmartDownload license terms by virtue of inquiry notice.
Reviewing Motion to Compel Arbitration
Vacating district court's order denying defendants' motions to compel arbitration and remanding for further proceedings, as the court found that the plaintiff had reasonably conspicuous notice of and unambiguously manifested assent to Uber's Terms of Service, including the mandatory arbitration provision.
Motion to Compel Arbitration
Granting motion to compel arbitration and stay litigation in a case where a plaintiff alleged negligence and violation of Section 349 of New York's General Business Law against a defendant following a data breach, while denying plaintiff's motion to strike a supplemental declaration and for discovery.
Motion to Compel Arbitration
Granting defendants' motion to compel arbitration and denying motion to dismiss in breach of contract and fraud case involving an agreement for travel-related services.
Motion to Compel Arbitration
Denying Defendant LendingClub Corporation's motion to compel arbitration of claims brought by Plaintiff Marina Shron, on behalf of herself and others similarly situated, due to insufficient evidence that Plaintiff had actual or inquiry notice of the arbitration agreements.
Reviewing Motion to Compel Arbitration
Affirming district court's denial of motion to compel arbitration, holding that plaintiffs did not manifest assent to license terms when downloading software from defendants' webpage, due to lack of reasonable notice.
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“mutual assent” AND arbitrat*
JDX
Insofar as it turns on the reasonableness of notice, the enforceability of a web-based agreement is clearly a fact-intensive inquiry. See Schnabel, 697 F.3d at 124 . Nonetheless, on a motion to compel arbitration, we may determine'' that an agreement to- arbitrate exists where the notice of the arbitration provision was...
1:20-cv-09744 | S.D.N.Y. | May 20, 2021
Zheng v. Live Auctioneers LLC
Instead, the plaintiff has submitted a different screenshot of the webpage from an archive tool—Wayback Machine—that does not show the banner requiring the plaintiff to click “AGREE.” Declaration of Jeffrey Blake ¶ 4. The defendant explains that the defendant’s website only displays the banner with the clickwrap...
Reviewing Motion to Compel Arbitration
Vacating district court's order denying defendants' motions to compel arbitration and remanding for further proceedings, as the court found that the plaintiff had reasonably conspicuous notice of and unambiguously manifested assent to Uber's Terms of Service, including the mandatory arbitration provision.
Motion to Compel Arbitration
Granting motion to compel arbitration and stay litigation in a case where a plaintiff alleged negligence and violation of Section 349 of New York's General Business Law against a defendant following a data breach, while denying plaintiff's motion to strike a supplemental declaration and for discovery.
Motion to Compel Arbitration
Granting defendants' motion to compel arbitration and denying motion to dismiss in breach of contract and fraud case involving an agreement for travel-related services.
Motion to Compel Arbitration
Denying Defendant LendingClub Corporation's motion to compel arbitration of claims brought by Plaintiff Marina Shron, on behalf of herself and others similarly situated, due to insufficient evidence that Plaintiff had actual or inquiry notice of the arbitration agreements.
Reviewing Motion to Compel Arbitration
Affirming district court's denial of motion to compel arbitration, holding that plaintiffs did not manifest assent to license terms when downloading software from defendants' webpage, due to lack of reasonable notice.
Do Legal Research.
Generate Work Product.
The modern way for litigators find case law, take notes, and create work product.
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midpage
Search Results
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“mutual assent” AND arbitrat*
JDX
Summarize the outcome of this case.
Did the plaintiff claim not to have read the terms?
Insofar as it turns on the reasonableness of notice, the enforceability of a web-based agreement is clearly a fact-intensive inquiry. See Schnabel, 697 F.3d at 124 . Nonetheless, on a motion to compel arbitration, we may determine'' that an agreement to- arbitrate exists where the notice of the arbitration provision was...
1:20-cv-09744 | S.D.N.Y. | May 20, 2021
Zheng v. Live Auctioneers LLC
Instead, the plaintiff has submitted a different screenshot of the webpage from an archive tool—Wayback Machine—that does not show the banner requiring the plaintiff to click “AGREE.” Declaration of Jeffrey Blake ¶ 4. The defendant explains that the defendant’s website only displays the banner with the clickwrap...
The Second Circuit has made clear that “clickwrap” agreements, such as the one at issue here, “can serve as valid consent to arbitrate because in checking a box the user must affirmatively assent to the terms of the agreement.” Porcelli, at *4 (citing Meyer v. Uber Techs., 868 F.3d 66 , 75 (2d Cir. 2017))...
1:19-cv-06718 | S.D.N.Y. | Jul 12, 2020
Shron v. LendingClub Corporation
The Court concludes that Defendant’s interface does not provide to a consumer inquiry notice of the arbitration terms contained within the Arbitration Agreements. A clickwrap agreement that does not indicate the legal significance of its provisions fails to place a user on inquiry notice....
Defendants cite certain well-known cases involving shrinkwrap licensing and related commercial practices in support of their contention that plaintiffs became bound by the SmartDownload license terms by virtue of inquiry notice.
Reviewing Motion to Compel Arbitration
Vacating district court's order denying defendants' motions to compel arbitration and remanding for further proceedings, as the court found that the plaintiff had reasonably conspicuous notice of and unambiguously manifested assent to Uber's Terms of Service, including the mandatory arbitration provision.
Motion to Compel Arbitration
Granting motion to compel arbitration and stay litigation in a case where a plaintiff alleged negligence and violation of Section 349 of New York's General Business Law against a defendant following a data breach, while denying plaintiff's motion to strike a supplemental declaration and for discovery.
Motion to Compel Arbitration
Granting defendants' motion to compel arbitration and denying motion to dismiss in breach of contract and fraud case involving an agreement for travel-related services.
Motion to Compel Arbitration
Denying Defendant LendingClub Corporation's motion to compel arbitration of claims brought by Plaintiff Marina Shron, on behalf of herself and others similarly situated, due to insufficient evidence that Plaintiff had actual or inquiry notice of the arbitration agreements.
Reviewing Motion to Compel Arbitration
Affirming district court's denial of motion to compel arbitration, holding that plaintiffs did not manifest assent to license terms when downloading software from defendants' webpage, due to lack of reasonable notice.
Do Legal Research.
Generate Work Product.
The modern way for litigators find case law, take notes, and create work product.
SOC2 certified and trusted by 7,000 litigators and law students.
midpage
Search Results
Notebook
Work Product
Other Projects
Account
“mutual assent” AND arbitrat*
JDX
Summarize the outcome of this case.
Did the plaintiff claim not to have read the terms?
Insofar as it turns on the reasonableness of notice, the enforceability of a web-based agreement is clearly a fact-intensive inquiry. See Schnabel, 697 F.3d at 124 . Nonetheless, on a motion to compel arbitration, we may determine'' that an agreement to- arbitrate exists where the notice of the arbitration provision was...
1:20-cv-09744 | S.D.N.Y. | May 20, 2021
Zheng v. Live Auctioneers LLC
Instead, the plaintiff has submitted a different screenshot of the webpage from an archive tool—Wayback Machine—that does not show the banner requiring the plaintiff to click “AGREE.” Declaration of Jeffrey Blake ¶ 4. The defendant explains that the defendant’s website only displays the banner with the clickwrap...
The Second Circuit has made clear that “clickwrap” agreements, such as the one at issue here, “can serve as valid consent to arbitrate because in checking a box the user must affirmatively assent to the terms of the agreement.” Porcelli, at *4 (citing Meyer v. Uber Techs., 868 F.3d 66 , 75 (2d Cir. 2017))...
1:19-cv-06718 | S.D.N.Y. | Jul 12, 2020
Shron v. LendingClub Corporation
The Court concludes that Defendant’s interface does not provide to a consumer inquiry notice of the arbitration terms contained within the Arbitration Agreements. A clickwrap agreement that does not indicate the legal significance of its provisions fails to place a user on inquiry notice....
Defendants cite certain well-known cases involving shrinkwrap licensing and related commercial practices in support of their contention that plaintiffs became bound by the SmartDownload license terms by virtue of inquiry notice.
Reviewing Motion to Compel Arbitration
Vacating district court's order denying defendants' motions to compel arbitration and remanding for further proceedings, as the court found that the plaintiff had reasonably conspicuous notice of and unambiguously manifested assent to Uber's Terms of Service, including the mandatory arbitration provision.
Motion to Compel Arbitration
Granting motion to compel arbitration and stay litigation in a case where a plaintiff alleged negligence and violation of Section 349 of New York's General Business Law against a defendant following a data breach, while denying plaintiff's motion to strike a supplemental declaration and for discovery.
Motion to Compel Arbitration
Granting defendants' motion to compel arbitration and denying motion to dismiss in breach of contract and fraud case involving an agreement for travel-related services.
Motion to Compel Arbitration
Denying Defendant LendingClub Corporation's motion to compel arbitration of claims brought by Plaintiff Marina Shron, on behalf of herself and others similarly situated, due to insufficient evidence that Plaintiff had actual or inquiry notice of the arbitration agreements.
Reviewing Motion to Compel Arbitration
Affirming district court's denial of motion to compel arbitration, holding that plaintiffs did not manifest assent to license terms when downloading software from defendants' webpage, due to lack of reasonable notice.
01
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“mutual assent” AND arbitrat*
JDX
Summarize the outcome of this case.
Did the plaintiff claim not to have read the terms?
Insofar as it turns on the reasonableness of notice, the enforceability of a web-based agreement is clearly a fact-intensive inquiry. See Schnabel, 697 F.3d at 124 . Nonetheless, on a motion to compel arbitration, we may determine'' that an agreement to- arbitrate exists where the notice of the arbitration provision was...
1:20-cv-09744 | S.D.N.Y. | May 20, 2021
Zheng v. Live Auctioneers LLC
Instead, the plaintiff has submitted a different screenshot of the webpage from an archive tool—Wayback Machine—that does not show the banner requiring the plaintiff to click “AGREE.” Declaration of Jeffrey Blake ¶ 4. The defendant explains that the defendant’s website only displays the banner with the clickwrap...
Defendants cite certain well-known cases involving shrinkwrap licensing and related commercial practices in support of their contention that plaintiffs became bound by the SmartDownload license terms by virtue of inquiry notice.
Reviewing Motion to Compel Arbitration
Vacating district court's order denying defendants' motions to compel arbitration and remanding for further proceedings, as the court found that the plaintiff had reasonably conspicuous notice of and unambiguously manifested assent to Uber's Terms of Service, including the mandatory arbitration provision.
Motion to Compel Arbitration
Granting motion to compel arbitration and stay litigation in a case where a plaintiff alleged negligence and violation of Section 349 of New York's General Business Law against a defendant following a data breach, while denying plaintiff's motion to strike a supplemental declaration and for discovery.
Yes.
Plaintiff claimed to have never read the terms and conditions.
Yes.
Similar to your case, the plaintiff here claimed to have never actually read the arbitration clause within the terms and conditions.
02
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01
Search Case Law
Grid-Based Search
Simple research questions quickly multiply into complex sub-issues. The grid helps you scan search results for any sub-issue in custom, GenAI-powered columns.
“mutual assent” AND arbitrat*
JDX
Summarize the outcome of this case.
Did the plaintiff claim not to have read the terms?
Insofar as it turns on the reasonableness of notice, the enforceability of a web-based agreement is clearly a fact-intensive inquiry. See Schnabel, 697 F.3d at 124 . Nonetheless, on a motion to compel arbitration, we may determine'' that an agreement to- arbitrate exists where the notice of the arbitration provision was...
1:20-cv-09744 | S.D.N.Y. | May 20, 2021
Zheng v. Live Auctioneers LLC
Instead, the plaintiff has submitted a different screenshot of the webpage from an archive tool—Wayback Machine—that does not show the banner requiring the plaintiff to click “AGREE.” Declaration of Jeffrey Blake ¶ 4. The defendant explains that the defendant’s website only displays the banner with the clickwrap...
Defendants cite certain well-known cases involving shrinkwrap licensing and related commercial practices in support of their contention that plaintiffs became bound by the SmartDownload license terms by virtue of inquiry notice.
Reviewing Motion to Compel Arbitration
Vacating district court's order denying defendants' motions to compel arbitration and remanding for further proceedings, as the court found that the plaintiff had reasonably conspicuous notice of and unambiguously manifested assent to Uber's Terms of Service, including the mandatory arbitration provision.
Motion to Compel Arbitration
Granting motion to compel arbitration and stay litigation in a case where a plaintiff alleged negligence and violation of Section 349 of New York's General Business Law against a defendant following a data breach, while denying plaintiff's motion to strike a supplemental declaration and for discovery.
Yes.
Plaintiff claimed to have never read the terms and conditions.
Yes.
Similar to your case, the plaintiff here claimed to have never actually read the arbitration clause within the terms and conditions.
02
Automate Your Notes
Proactive,
On-Point Annotations
We organize your notes automatically and then use them to suggest customized headnotes, annotations, and case recommendations throughout your research experience.
03
Create Work Product
Bring Research to Word
Cobbling together a draft from a messy compilation of quotes is horrible. Our GPT-powered Word Add-in allows you to plug your research directly into your work product.
Draft.docx
Case Chart.docx
Memo.docx
01
Search Case Law
Grid-Based Search
Simple research questions quickly multiply into complex sub-issues. The grid helps you scan search results for any sub-issue in custom, GenAI-powered columns.
“mutual assent” AND arbitrat*
JDX
Summarize the outcome of this case.
Did the plaintiff claim not to have read the terms?
Insofar as it turns on the reasonableness of notice, the enforceability of a web-based agreement is clearly a fact-intensive inquiry. See Schnabel, 697 F.3d at 124 . Nonetheless, on a motion to compel arbitration, we may determine'' that an agreement to- arbitrate exists where the notice of the arbitration provision was...
1:20-cv-09744 | S.D.N.Y. | May 20, 2021
Zheng v. Live Auctioneers LLC
Instead, the plaintiff has submitted a different screenshot of the webpage from an archive tool—Wayback Machine—that does not show the banner requiring the plaintiff to click “AGREE.” Declaration of Jeffrey Blake ¶ 4. The defendant explains that the defendant’s website only displays the banner with the clickwrap...
Defendants cite certain well-known cases involving shrinkwrap licensing and related commercial practices in support of their contention that plaintiffs became bound by the SmartDownload license terms by virtue of inquiry notice.
Reviewing Motion to Compel Arbitration
Vacating district court's order denying defendants' motions to compel arbitration and remanding for further proceedings, as the court found that the plaintiff had reasonably conspicuous notice of and unambiguously manifested assent to Uber's Terms of Service, including the mandatory arbitration provision.
Motion to Compel Arbitration
Granting motion to compel arbitration and stay litigation in a case where a plaintiff alleged negligence and violation of Section 349 of New York's General Business Law against a defendant following a data breach, while denying plaintiff's motion to strike a supplemental declaration and for discovery.
Yes.
Plaintiff claimed to have never read the terms and conditions.
Yes.
Similar to your case, the plaintiff here claimed to have never actually read the arbitration clause within the terms and conditions.
02
Automate Your Notes
Proactive, On-Point Annotations
We organize your notes automatically and then use them to suggest customized headnotes, annotations, and case recommendations throughout your research experience.
Draft.docx
Case Chart.docx
Memo.docx
03
Create Work Product
Bring Research to Word
Cobbling together a draft from a messy compilation of quotes is horrible. Our GPT-powered Word Add-in allows you to plug your research directly into your work product.
01
Search Case Law
Grid-Based Search
Simple research questions quickly multiply into complex sub-issues. The grid helps you scan search results for any sub-issue in custom, GenAI-powered columns.
“mutual assent” AND arbitrat*
JDX
Summarize the outcome of this case.
Did the plaintiff claim not to have read the terms?
Insofar as it turns on the reasonableness of notice, the enforceability of a web-based agreement is clearly a fact-intensive inquiry. See Schnabel, 697 F.3d at 124 . Nonetheless, on a motion to compel arbitration, we may determine'' that an agreement to- arbitrate exists where the notice of the arbitration provision was...
1:20-cv-09744 | S.D.N.Y. | May 20, 2021
Zheng v. Live Auctioneers LLC
Instead, the plaintiff has submitted a different screenshot of the webpage from an archive tool—Wayback Machine—that does not show the banner requiring the plaintiff to click “AGREE.” Declaration of Jeffrey Blake ¶ 4. The defendant explains that the defendant’s website only displays the banner with the clickwrap...
Defendants cite certain well-known cases involving shrinkwrap licensing and related commercial practices in support of their contention that plaintiffs became bound by the SmartDownload license terms by virtue of inquiry notice.
Reviewing Motion to Compel Arbitration
Vacating district court's order denying defendants' motions to compel arbitration and remanding for further proceedings, as the court found that the plaintiff had reasonably conspicuous notice of and unambiguously manifested assent to Uber's Terms of Service, including the mandatory arbitration provision.
Motion to Compel Arbitration
Granting motion to compel arbitration and stay litigation in a case where a plaintiff alleged negligence and violation of Section 349 of New York's General Business Law against a defendant following a data breach, while denying plaintiff's motion to strike a supplemental declaration and for discovery.
Yes.
Plaintiff claimed to have never read the terms and conditions.
Yes.
Similar to your case, the plaintiff here claimed to have never actually read the arbitration clause within the terms and conditions.
02
Automate Your Notes
Proactive, On-Point Annotations
We organize your notes automatically and then use them to suggest customized headnotes, annotations, and case recommendations throughout your research experience.
Draft.docx
Case Chart.docx
Memo.docx
03
Create Work Product
Bring Research to Word
Cobbling together a draft from a messy compilation of quotes is horrible. Our GPT-powered Word Add-in allows you to plug your research directly into your work product.
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