Contracts,
Litigation & Arbitration
May 21, 2024
Decision provides clarity on arbitration provisions in clickwrap agreements
The language employed by a health device manufacturer in its click wrap agreement did not meet the burden required to demonstrate users' unambiguous agreement to arbitrate disputes, the 4th District Court of Appeal found.
The 4th District Court of Appeal ordered arbitration vacated in product liability actions against the maker of glucose monitoring devices, saying the plaintiffs' agreements to the company's clickwrap were not unambiguous assent to its terms of use, which included the arbitration provision.
The 2-1 decision Friday allows five cases against Dexcom in San Diego County Superior Court to move forward with discovery and depositions in the run-up to trial.
Min Koo, a partn...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In