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The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Keebaugh v. Warner Bros. Entertainment, Inc. (9th Cir. 2024) 100 F.4th 1005

Defendant's arbitration agreement required arbitration of all claims and limited the arbitrator's ability to award a public injunction by stating that relief could be awarded only in favor of the individual party seeking relief.  That limitation was unenforcable under McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, but though unenforceable, the limitation was not unconscionable.  See Poublon v. C.H. Robinson… Read More

Keebaugh v. Warner Bros. Entertainment, Inc. (9th Cir. 2024) 100 F.4th 1005

The Game of Thrones Contest website use sign-in wrap,  Immediately below the "Play" button on the initial screen there was a clear, different font color legend saying that by tapping that button the user agreed to the website's terms of service.  The words "terms of service" were linked to the full text of those terms which disclosed in the first… Read More