Jennifer Morinigo | January 23, 2018 | Consumer Contracts, Government Ethics, International Commercial and Investor-State Arbitration, Liability Insurance, Sexual Assault, Student Sexual Misconduct, Torts: Economic Harm
At its meeting in Philadelphia on January 18 and 19, the Council reviewed drafts for several projects, with the following outcomes: Consumer Contracts: The Council discussed § 1, Definitions and Scope, and § 2, Adoption of Standard Contract Terms, of Council Draft No....
Michael P. Daly and Ashley M. Super | September 26, 2017 | Consumer Contracts
The Ninth Circuit recently affirmed an order compelling individual arbitration of deceptive pricing claims in a putative class action against Amazon. See Wiseley v. Amazon.com, Inc., No. 15-56799 (9th Cir. Sept. 19, 2017). The decision is notable because it rejects a...
Michael P. Daly | August 25, 2017 | Consumer Contracts
Last year, the Southern District of New York refused to enforce Uber’s Terms of Service because it believed that the agreement’s placement was inconspicuous and the consumer’s acceptance was ambiguous. Last week, the Second Circuit vacated that order and found that...
Taylor Carroll | July 10, 2017 | Consumer Contracts
The Consumer Financial Protection Bureau has issued a final rule “governing the use of pre-dispute arbitration agreements by providers of consumer financial products and services.” From the CFPB Pursuant to section 1028(b) of the Dodd-Frank Wall Street Reform and...
Florencia Marotta-Wurgler, Omri Ben-Shahar and Oren Bar-Gill | April 27, 2017 | Consumer Contracts
This post is a presentation of information found in the Discussion Draft of the Consumer Contracts project. This will be presented at the 2017 Annual Meeting for discussion only. Section 2, Adoption of Standard Contract Terms, is based on three fundamental...
Omri Ben-Shahar | April 10, 2017 | Consumer Contracts
Reporter Omri Ben-Shahar discusses the scope of the project and the asymmetry in information, sophistication, and stakes between the parties to these contracts that the Restatement must consider. SHARE Tags: Consumer Protection, Contract Omri Ben-Shahar Reporter,...