Legal Opinion

David Tompkins v. 23andme, Inc.

Court of Appeals for the Ninth Circuit

Decided August 23, 2016No. 14-16405PublishedCited by 94 opinions

1Opinion of the Court

Concurrence by Judge WATFORD

*1018ORDER

The opinion filed August 23, 2016, is hereby amended as follows:

On page 1031 of the opinion:

< Given this precedent, our authority to review portions of the contract outside the arbitration provision is limited, if it exists at all. Even assuming we can review the two outside provisions, we are limited to considering whether, in the specific circumstances of the parties and the context in which the contract was formed, these outside provisions contribute to making the arbitration provision itself unconscionable. >

is amended to:

< Given this precedent, our…

2Cases cited45 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  3. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  4. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
  5. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996

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3Cited by94 opinions

  1. Lorrie Poublon v. C.H. Robinson Co.Court of Appeals for the Ninth Circuit · 2017
  2. Abraham Bielski v. Coinbase, Inc.Court of Appeals for the Ninth Circuit · 2023
  3. Bernadean Rittmann v. amazon.com, Inc.Court of Appeals for the Ninth Circuit · 2020
  4. John Patrick v. Running Warehouse, LLCCourt of Appeals for the Ninth Circuit · 2024
  5. West Virginia CVS Pharmacy, LLC v. McDowell Pharmacy, Inc.West Virginia Supreme Court · 2017

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