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Case Citations [i] (Fall 2025)

handle is hein.ali/pclotelwosw0018 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2025 Citations PRINCIPLES OF THE LAW OF SOFTWARE CONTRACTS Generally C.A.7, 2024. Cit. generally in law review art. in ftn. to conc. op. Online consumer filed a putative class action against home improvement retail company, alleging that retail company did not disclose a pickup service fee for an online order and used the fee to manipulate the advertised price. The district court granted retail company's motion to compel arbitration, finding that the parties entered into an arbitration agreement and that consumer's claims fell within its scope. This court affirmed, holding that the online store provided reasonably conspicuous notice of the company's terms, which included an arbitration provision, and that consumer assented to the terms by clicking the submit button to complete her purchase. The concurrence argued that the majority's multi-factor analysis failed to account for the realities in the online marketplace, pointing out that, according to the Principles of Software Contracts, most online users did not read a website's terms, even with the enhanced disclosure of the terms via a click-wrap contract, which increased consumer reading by only .36% when compared to a browse- wrap contract. Domer v. Menard, Inc., 116 F.4th 686, 703. COPYRIGHT C2025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.