Legal Opinion
Kevin Nguyen v. Barnes & Noble Inc.
Court of Appeals for the Ninth Circuit
Decided August 18, 2014No. 12-56628PublishedCited by 441 opinions
1Opinion of the Court
OPINION
NOONAN, Circuit Judge:
Barnes & Noble, Inc. (“Barnes & Noble”) appeals the district court’s denial of its motion to compel arbitration against Kevin Khoa Nguyen (“Nguyen”) pursuant to the arbitration agreement contained in its website’s Terms of Use. In order to resolve the issue of arbitrability, we must address whether Nguyen, by merely using Barnes & Noble’s website, agreed to be bound by the Terms of Use, even though Nguyen was never prompted to assént to the Terms of Use and never in fact read them. We agree with the district court that Barnes & Noble did not provide reasonable…
2Cases cited20 opinions
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- Chiron Corporation, a Delaware Corporation v. Ortho Diagnostic Systems, Inc., a New Jersey CorporationCourt of Appeals for the Ninth Circuit · 2000
- Thomson-Csf, S.A. v. American Arbitration Association, Evans & Sutherland Computer CorporationCourt of Appeals for the Second Circuit · 1995
- register.com, Inc. v. Verio, Inc.Court of Appeals for the Second Circuit · 2004
- Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
15 more not listed; retrieve them via the Exa API.
3Cited by441 opinions
- Nicosia v. Amazon.com, Inc.Court of Appeals for the Second Circuit · 2016
- Meyer v. Uber Technologies, Inc.Court of Appeals for the Second Circuit · 2017
- Erik Knutson v. Sirius Xm Radio Inc.Court of Appeals for the Ninth Circuit · 2014
- Daniel Berman v. Freedom Financial Network LLCCourt of Appeals for the Ninth Circuit · 2022
- Starke v. SquareTrade, Inc.Court of Appeals for the Second Circuit · 2019
436 more not listed; retrieve them via the Exa API.