Legal Opinion

Schnabel v. Trilegiant Corp. & Affinion, Inc.

Court of Appeals for the Second Circuit

Decided September 7, 2012No. Docket 11-1311-CVPublishedCited by 300 opinions

1Opinion of the Court

SACK, Circuit Judge:

The question presented to us on this appeal is whether the plaintiffs are bound to arbitrate their dispute with the defendants as a consequence of an arbitration provision that the defendants assert was part of a contract between the parties. Neither of the plaintiffs acknowledge being aware of the existence of the arbitration provision when their contractual relationships with the defendants were formed. But, according to the defendants, the provision was made available to the plaintiffs through a hyperlink appearing on the page the plaintiffs would have seen before…

2Cases cited36 opinions

  1. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  2. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  3. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  4. Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
  5. Equal Employment Opportunity Commission v. Waffle House, Inc.Supreme Court of the United States · 2002

31 more not listed; retrieve them via the Exa API.

3Cited by300 opinions

  1. Nicosia v. Amazon.com, Inc.Court of Appeals for the Second Circuit · 2016
  2. Meyer v. Uber Technologies, Inc.Court of Appeals for the Second Circuit · 2017
  3. Erik Knutson v. Sirius Xm Radio Inc.Court of Appeals for the Ninth Circuit · 2014
  4. Daniel Berman v. Freedom Financial Network LLCCourt of Appeals for the Ninth Circuit · 2022
  5. Starke v. SquareTrade, Inc.Court of Appeals for the Second Circuit · 2019

295 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API