Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator
Arbitration, Mediation and Other ADR / Commercial Case Notes

Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator

On November 25, 2024, the Court of Appeals issued a decision in Wu v. Uber Tech., Inc., 2024 NY Slip Op 05869, holding that whether a click-wrap agreement subjecting a claim already being litigated to arbitration is unenforceable is a question for the arbitrator . . . Continue reading Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator

Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable
Commercial Case Notes / Statute of Limitation/Laches

Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable

On November 26, 2024, the Court of Appeals issued a decision in Farage v. Associated Ins. Mgt. Corp., 2024 NY Slip Op. 05875, holding that a claim should be dismissed as untimely because the plaintiff failed adequately to allege that a contractual limitations period was unreasonable . . . Continue reading Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable