Delaware Supreme Court Reverses $7.3M Gift Card Escheatment Judgment
The Delaware Supreme Court reversed a lower court decision to impose a $7.3 million judgment against Overstock.com for concealing gift card balances from the Delaware Escheator. The Court determined that the lower court misapplied the Delaware False Claims and Reporting Act (“DFCRA”) and incorrectly instructed the jury that Overstock’s failure ... Read More
Illinois Court Upholds Unilateral Amendment to Shutterfly Arbitration Provision
In a recent opinion, an Illinois federal judge determined that a user’s biometric privacy claims must be arbitrated according to Shutterfly’s 2015 arbitration clause, despite the fact that plaintiff never assented to any version of the terms containing that arbitration clause. The decision, which is consistent with Illinois’ preference for ... Read More
