‘Class Actions, Arbitration and the Importance of Contract Formation’

“I wanted to follow up on Jeremy Telman’s posts about two cases, Andermann v Sprint Spectrum and Berkson v Gogo. Both cases involved consumers and standard form contracts. Both Sprint and Gogo sought to enforce an arbitration clause in their contracts and both companies presumably wanted to do so to avoid a class action. In Andermann v Sprint Spectrum, there was no question regarding contract formation. The contract issue in that case involved the validity of the assignment of the contract from US Cellular to Sprint. The court found that the assignment was valid and consequently, so was the arbitration clause …” (more)

[Nancy Kim, ContractsProf Blog, 8 June]

First posted 2015-06-09 06:35:22

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