Writing for the 5-2 majority in the case, Judge Cannataro begins, "On this appeal, we apply centuries-old principles of contract law to a web-based ‘terms of use’ update containing an arbitration agreement.” Ay, there’s the rub. Maybe courts should consider… Source by ContractsProf Blog Read More
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Friday Frivolity: Second Circuit Vacates Sentence of OpenSea Employee
On Fridays, we sometimes post about things that are not entirely about contracts. Today’s subject matter is not exactly frivolous, but it is far enough removed from contracts law to fit our Friday Frivolity framework. I don’t know what I… Source by ContractsProf Blog Read More
California Appellate Court Upholds Denial of Motion to Compel Arbitration in Sex-Trafficking Claim Against Ford Models CEO
Plaintiff Jane Doe was a model and a minor when she landed a modeling assignment working for Ford Models, Inc. (Ford) in 2012. In 2017, when she was twenty-one, she boarded a private jet flying to London, along with defendant… Source by ContractsProf Blog Read More
Congratulations to Eric Goldman on Twenty Years of Blogging
This month, Eric Goldman is celebrating the twentieth anniversary of his Technology and Marketing Law Blog. It is an amazing achievement. Our Blog has also been around for twenty years, but we have had numerous contributors over those years, and… Source by ContractsProf Blog Read More
Brett Frischmann Amicus Brief in Chilutti v. Uber
We posted about the decision of a panel of Pennsylvania’s Superior Court in Chilutti v. Uber back in 2023. The decision was striking because it struck down Uber’s terms of service, including an arbitration clause as providing insufficient notice to… Source by ContractsProf Blog Read More
Friday Frivolity: A Contract to Wear a Puffy Shirt
I don’t know why it never occurred to me to discuss this before, but this episode of Seinfeld (below) presents a novel contractual conundrum. Is one bound by an agreement if one communicated acceeptance of an offer that one did… Source by ContractsProf Blog Read More
Friday Frivolity: Cubs Preseason Gets Off to a Solid Start with a Court Win
Wrigley Field, with Rooftop Seating in foreground, By Sea Cow – CC BY-SA 4.0, It’s April, and so I’m still following my team-since-birth, the Chicago Cubs. Most years, the season is effectively over by June, and then I just follow… Source by ContractsProf Blog Read More