Legal Opinion

Harold H. Huggins Realty, Inc. v. FNC, INC.

District Court, D. Maryland

Decided August 28, 2008No. Case RWT 07cv1203PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROGER W. TITUS, District Judge.

Nearly every person in the burgeoning population that regularly uses the internet has encountered one form or another of a website user agreement, or “clickwrap” 1 agreement. Whether it be in the context of a subscription membership to a news service or an online banking and bill payment account, anyone subscribing to an internet-based service is inevitably greeted with a “pop-up” window containing a lengthy set of “terms and conditions of use.” Normally, the user is informed that the agreement is accepted by using the service and is often…

2Cases cited34 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  3. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  4. Adkins v. Labor Ready, Inc.Court of Appeals for the Fourth Circuit · 2002
  5. PAINEWEBBER INCORPORATED v. Willard S. HARTMANN, Leona R. Hartmann, AppellantsCourt of Appeals for the Third Circuit · 1990

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3Cited by2 opinions

  1. Roling v. E TRADE SECURITIES, LLCDistrict Court, N.D. California · 2010
  2. T.C.B. Construction Co. v. W.C. Fore Trucking, Inc.Court of Appeals of Mississippi · 2012

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