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Tag Archives: contracts
unconscionability prevents enforcement of arbitration agreement for consumer claims
Cabatit v. Sunnova Energy Corp., No. C089576, — Cal.Rptr.3d —-, 2020 WL 8365909 (Ct. App. Dec. 31, 2020) California isn’t fond of mandatory consumer arbitration. Here, the court finds the arbitration agreement unconscionable and refuses to enforce it against a … Continue reading
Another pandemic education case: false advertising fails, contract claim survives
Bergeron v. Rochester Inst. of Technology, No. 20-CV-6283 (CJS), 2020 WL 7486682 (W.D.N.Y. Dec. 18, 2020) Different district, same result as this case involving Rensselaer Polytechnic. Contract/unjust enrichment claims survive based on allegations that RIT promised in-person learning, but conversion … Continue reading
reasonable consumer wouldn’t expect advertised in-person classes in pandemic (but contract claims survive)
Ford v. Rensselaer Polytechnic Institute, No. 20-CV-470, 2020 WL 7389155 (N.D.N.Y. Dec. 16, 2020) This is a putative class action against RPI for breach of contract, false advertising, and related claims based on the mid-semester pandemic shutdown of early 2020. … Continue reading
another advertiser’s Google click fraud suit is revived
Singh v. Google LLC, 2020 WL 5202081, — Fed.Appx. —-, 2020 WL 5202081 (9th Cir. Sept. 1, 2020) The court of appeals reverses the dismissal of Singh’s California FAL/UCL claims against Google for allegedly charging for fraudulent clicks despite its … Continue reading
UCL claim against Twitter survives where advertiser allegedly was charged for bot activity
DotStrategy Co. v. Twitter Inc., 2020 WL 4465966, No. 19-cv-06176-CRB (N.D. Cal. Aug. 3, 2020) Twitter “promises advertisers on its platform that they will only be charged when “people” interact with the accounts or Tweets they are paying to promote.” … Continue reading
Reading list: Cheating Pays
Emily Kadens, Cheating Pays, 119 Columbia Law Review 527 (2019) Common private-ordering theories predict that merchants have an incentive to act honestly because if they do not, they will get a bad reputation and their future businesses will suffer. In … Continue reading
failure to disclose vaping’s extra risks over smoking could be deceptive; no arbitration for Juul
Colgate v. Juul Labs, Inc., 2019 WL 3997459, No. 18-cv-02499-WHO (N.D. Cal. Aug. 23, 2019) Juul makes e-cigarettes and nicotine cartridges/pods. “Plaintiffs seek to represent a nationwide class and numerous subclasses in claims for false advertising, fraud, unjust enrichment, several … Continue reading
Y/S/H Junior Faculty Forum, June 5-6 2019 Request for Submissions (including IP)
Yale/Stanford/Harvard Junior Faculty Forum June 5-6, 2019, Yale Law School Yale, Stanford, and Harvard Law Schools announce the 20th session of the Junior Faculty Forum to be held at Yale Law School on June 5-6, 2019. The Forum’s objective is … Continue reading
Y/S/H Junior Faculty Forum, June 5-6 2019 Request for Submissions (including IP)
Yale/Stanford/Harvard Junior Faculty Forum June 5-6, 2019, Yale Law School Yale, Stanford, and Harvard Law Schools announce the 20th session of the Junior Faculty Forum to be held at Yale Law School on June 5-6, 2019. The Forum’s objective is … Continue reading
The hymn of Axiom: failure to disclose in FX trades doesn’t violate consumer protection law
Axiom Investment Advisors, LLC v. Deutsche Bank AG, 2017 WL 590320, No. 15 Civ. 9945 (S.D.N.Y. Feb. 13, 2017) Deutsche Bank allegedly delayed execution of electronically matched trade orders in the foreign exchange (FX) market in order to benefit from … Continue reading
