U.S. Court of Appeals for the Second Circuit

Case Status


Docket Number


Oral Argument Date

December 11, 2015


Case Updates

Parties enter settlement in case considering enforcement of online agreements

May 16, 2016

The case was withdrawn, due to the parties reaching a settlement.

U.S. Chamber files amicus brief

August 07, 2015

The U.S. Chamber filed a brief urging the Second Circuit to reject a district court decision that created a new “four-part” inquiry for deciding whether online agreements are enforceable and, applying this new standard, refused to compel arbitration under the terms of such an agreement. The Chamber’s brief argued that there is no basis to abandon well-established contract law principles simply because a contract is formed online and that, under those principles, a contract exists where a customer is provided with reasonable notice of the terms of its contract at the time of assent and the customer affirmatively assents to those terms.

Archis A. Parasharami of Mayer Brown LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents