The law clerks of the U.S. Court of Appeals for the Seventh Circuit might be excused for thinking of the court’s recent decision in Cooke v. Jackson National Life Insurance Co., No. 17-2080 (7th Cir. Feb. 9, 2018), as the one...more
Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced successfully—requires the mastery of a...more
If you’re like us—and most others, we’ll venture to guess—you’ve never read all the terms and conditions of the iTunes end-user license agreement.
We doubt that it’s a scintillating read, but, regardless, most...more
4/4/2016
/ Arbitration Agreements ,
Binding Arbitration ,
Clickwrap Agreements ,
Consumer Contracts ,
Corporate Counsel ,
E-Commerce ,
EULA ,
Online Platforms ,
Terms and Conditions ,
TransUnion ,
Young Lawyers
Put it in writing.
How many times have those four words been uttered in the course of commerce?
Many more than we care to count, to be sure. For the fact remains that the act of putting pen to paper, ribbon to...more
The results are in this afternoon in the Seventh Circuit’s vote to rehear en banc Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), and it was a close one, a 4-4 tie, which means that the majority’s opinion stands, though not...more
Not much went right for the plaintiffs’ lawyer in the Seventh Circuit’s decision yesterday in Pierce v. Visteon Corp., No. 14-2542 (7th Cir. July 1, 2015), but the opinion provides a few good lessons for appellate...more