2H 2018 Quick Links, Part 4 (Trespass, Contracts)

…Lopez v. Terra’s Kitchen, LLC, 2018 WL 4489588 (S.D. Cal. Sept. 19, 2018): “The Court finds that the agreement at issue in this case is a browsewrap [Eric’s comment: ugh]…

Gambling App Fails to Create Binding Terms of Service–Wilson v. Huuuge

…is a helpful counterweight to some possibly contrary intimations from the Second Circuit’s Meyer ruling (Note: this is another case where the court laments the failings of the clickwrap/browsewrap nomenclature:…

Uber’s Contract Formation Process Fails (Again)–Cullinane v. Uber

…of the clickwrap/browsewrap distinction, saying “our analysis regarding the existence of an arbitration agreement is not affected by how we categorize the online contract at issue here.” If you’re all…

Hyperlinking to Sources Can Help Defeat Defamation Claims–Adelson v. Harris

…to digress into the “clickwrap”/”browsewrap” online contract formation rabbit hole, with cites to Specht, Nguyen, Zappos, & Fteja. With little gained from the digression, the court considers whether the petition’s…

Ninth Circuit Blesses Amazon’s Terms of Service

…v. TransUnion Court Rejects “Browsewrap.” Is That Surprising?–Long v. ProFlowers Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global Tel*Link 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce)…

Browsewrap/Clickwrap Distinction Vexes Another Court–Nevarez v. Ticketmaster

…either a browsewrap or a clickwrap, or worse, saying that it’s some of both. It’s a strong clue that the browsewrap-clickwrap definitions are terrible when they fail more often than…

Courts Keep Shredding Online Contract Formation Processes–McGhee v. NAB; Applebaum v. Lyft

…right? First, the court calls this implementation a “modified clickwrap” and says a “modified clickwrap agreement is similar to a browsewrap in that the user is not required to scroll…

Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber

…is a “browsewrap” agreement; and (4) the pop-up blocked his view of the terms of service. The court dismisses the first three arguments, specifically noting that Uber’s terms are not…

Retailer’s TOS Fails, But New Jersey Warranty Notice Claim Loses Anyway

…Privacy Litigation Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. TransUnion Court Rejects “Browsewrap.” Is That Surprising?–Long v. ProFlowers Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global Tel*Link 2H…