11 results for 'cat:"Arbitration" AND cat:"Product Liability"'.
[Consolidated.] J. Do finds that the trial court erred in compelling arbitration of products liability claims over a glucose monitoring device that allegedly malfunctioned. The clickwrap agreement to arbitrate claims was invalidated because the website button was integrated with an authorization for the manufacturer to also collect personal health information. The use of one click for both purposes means the manufacturer cannot show that users' acceptance of the arbitration agreement was unambiguous. Vacated.
Court: California Courts Of Appeal, Judge: Do, Filed On: May 16, 2024, Case #: D082847, Categories: arbitration, product Liability
J. Rowland grants Mercedes-Benz’s motion to compel arbitration in a class action suit over its onboard navigation service, for which the suing class claim to have never fully agreed to use. The court finds that, per a user license agreement, the parties are contractually bound to arbitrate the dispute.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: December 11, 2023, Case #: 1:22cv6099, NOS: Contract Product Liability - Contract, Categories: arbitration, product Liability, Contract
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J. Almonte compels arbitration in claims contending a company's ear buds caused scabbing, flaking, and pain in plaintiff's ear because plaintiff had been presented with the arbitration agreement on the limited warranty website, including instructions on how to opt out.
Court: USDC New Jersey, Judge: Almonte , Filed On: June 26, 2023, Case #: 2:21cv15639, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, product Liability