Gorny v. Wayfair, Inc. et al

No. 1:18-cv-08259 (N.D. Ill. Dec 17, 2018)

Firm: Kirkland & Ellis

Issue Area: Forced Arbitration & Coercive Contracts

Case summary

Kirkland defended Wayfair, Inc., an online furniture store company, against a products liability class action claiming that Wayfair's furniture contained bed bugs, by seeking to enforce a forced arbitration provision.

Excerpt from the firm's work product

Kirkland argued for the expansive enforcement of forced arbitration clauses: "Plaintiff Ronald Gorny ordered a headboard online from Wayfair on July 5, 2018. When he placed his order, the checkout screen clearly and conspicuously stated that, “[b]y placing an order, you are agreeing to our Privacy Policy and Terms of Use.” Declaration of Jonathan Klein (“Klein Decl.”) ¶ 7. The checkout screen’s reference to Wayfair’s Terms of Use was clearly labeled, hyperlinked in a contrasting blue color, and underlined."

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