Legal Opinion
Rich Hill and Enza Hill, on Behalf of a Class of Persons Similarly Situated v. Gateway 2000, Inc., and David Prais
Court of Appeals for the Seventh Circuit
Decided February 3, 1997No. 96-3294PublishedCited by 170 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
A customer picks up the phone, orders a computer, and gives a credit card number. Presently a box arrives, containing the computer and a list of terms, said to govern unless the customer returns the computer within 30 days. Are these terms effective as the parties’ contract, or is the contract term-free because the order-taker did not read any terms over the phone and elicit the customer’s assent?
One of the terms in the box containing a Gateway 2000 system was an arbitration clause. Rich and Enza Hill, the customers, kept the computer more than 30 days before…
2Cases cited8 opinions
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
- Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
- ProCD, Inc. v. ZeidenbergCourt of Appeals for the Seventh Circuit · 1996
3 more not listed; retrieve them via the Exa API.
3Cited by170 opinions
- Nicosia v. Amazon.com, Inc.Court of Appeals for the Second Circuit · 2016
- register.com, Inc. v. Verio, Inc.Court of Appeals for the Second Circuit · 2004
- Schnabel v. Trilegiant Corp. & Affinion, Inc.Court of Appeals for the Second Circuit · 2012
- Linda James v. McDonald Corporation, Simon Marketing, Incorporated, and Ante Enterprises Llc, Doing Business as McDonald RestaurantCourt of Appeals for the Seventh Circuit · 2005
- Norcia v. Samsung Telecommunications America, LLCCourt of Appeals for the Ninth Circuit · 2017
165 more not listed; retrieve them via the Exa API.