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Case Citations [i] (Fall 2025)

handle is hein.ali/relwcc0021 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2025 Citations CONSUMER CONTRACTS § 2. Adoption of Standard Contract Terms S.D.N.Y.2024. Rptr's Note quot. in sup. (citing Rptr's Note to § 2 of T.D. No. 2, 2022, which is now Rptr's Note to § 2 of the Official Text). Terminated employees, who had commenced arbitrations against employer pursuant to the parties' dispute-resolution agreements, sued employer, seeking to compel it to pay for the arbitrations under the arbitration service's rules, which required an employer to pay for arbitration with an employee if the employee was required to sign an arbitration agreement as a condition of employment. Granting employees' motion to compel, this court ordered employer to pay the ongoing fees for the arbitrations. The court rejected employer's argument that the arbitration service's rule did not apply because employees were able to opt out of the dispute-resolution agreements, citing Restatement of Consumer Contracts § 2 in explaining that people rarely read standard contract terms, and that it was reasonable for the arbitration service to conclude that employees' right to opt out of arbitration had little practical effect. Frazier v. X Corp, 739 F.Supp.3d 219, 230. S.D.N.Y.2024. Com. (1) and Rptr's Note quot. in sup. (quoting § 2 of T.D. No. 2, 2022, which is now § 2 of the Official Text). Michigan homeowners filed a class action against New York-based seller of electricity and natural gas to consumers in deregulated energy markets, alleging that it engaged in deceptive and unlawful pricing practices by falsely representing how the prices actually charged were calculated. This court granted seller's motion to compel arbitration pursuant to an arbitration provision contained in the parties' digital contract, holding that the parties entered a valid agreement to arbitrate. Although the Michigan Supreme Court had not yet addressed contract formation in the context of digital consumer contracts, a substantial body of state and federal case law had developed on the subject, and the court assumed that the Michigan Supreme Court would likely follow that precedent, noting that, according to Restatement of the Law, Consumer Contracts § 2, state and federal court decisions had converged on the same minimum requirements for digital consumer contract formation, with almost no exception. Smith v. RPA Energy, Inc., 732 F.Supp.3d 278, 284-285, 287. § 3. Adoption of a Modification of Standard Contract Terms C.A.9, 2024. Cit. and adopted in case quot. in sup. (T.D. No. 2, 2022, which is now § 3 of the Official Text). Independent contractors and marketing corporation sued multi-level marketing company, seeking 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.