Edward P. Boyle

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Litigation surrounding the enforceability of website terms isn’t new.  Indeed, back in 2014, we blogged about the Nyugen case. Yet, courts continue to grapple with the question of what constitutes an adequate disclosure and binds website visitors to the terms and conditions of a service agreement. Last month, the Seventh Circuit decided in Sgouros v. Transunion Corp. that an online browsewrap contract was not binding because it did not provide notice that the customer…
After two failed calls in the Eastern District of New York, the Second Circuit last week opened the line for one TCPA plaintiff to plead his case. On March 12, 2013, Judge William F. Kuntz II of the Eastern District of New York sua sponte dismissed putative class action claims arising under the Telephone Consumer Protection and its accompanying rules and regulations for lack of subject matter jurisdiction.  See Bank v. Independence Energy Group LLC. …
Purveyors of mass-retail food products may have a new reason to rejoice this holiday season. On December 2, the U.S. District Court for the Central District of California, in Hernandez v. Chipotle Mexican Grill, Inc., quietly issued a three-page In Chambers Order denying class certification in a false advertising action challenging Chipotle’s claim that its products contain “Naturally Raised” meat. The class certification denial alone is notable given California’s famously broad consumer protection laws. Even…
The relationship between class actions and arbitration has been a recurrent issue at the Supreme Court in recent years.  The Court has appeared to substantially limit consumers’ ability to bring class actions in court against defendants with which they have an arbitration agreement, as well as to bring class arbitrations when the arbitration agreement does not expressly provide for class claims. In Stolt-Nielsen S.A. v. AnimalFeeds International Corp., decided in 2010, the Court held…
Plaintiffs still cannot dial up TCPA claims in New York. On May 1, 2013, Judge William F. Kuntz, II of the Eastern District of New York denied a motion to reconsider his earlier decision dismissing claims arising under the Telephone Consumer Protection Act and its accompanying rules and regulations for lack of subject matter jurisdiction. See Bank v. Independence Energy Grp. LLC. The Bank Court had dismissed the TCPA claims in reliance on a Second…