Seventh Circuit Holds that Website Failed to Provide User Adequate Notice of Arbitration Clause

The Seventh Circuit recently issued an important opinion for any business that conducts transactions through a website.  In Sgouros v. TransUnion Corp., No. 15-1371, 2016 WL 1169411 (7th Cir. March 25, 2016), the Court held that TransUnion’s website did not provide users with adequate notice of the arbitration clause in its “Service Agreement” to bind them.  In addition to its important holding, the opinion is notable for reproducing screenshots of the webpages at issue to help illustrate exactly how the Court believed TransUnion went wrong.    

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Suit to Enjoin Corporate Dissolution and Suit for Fraud are “Same Cause” for Purpose of 2-619(a)(3) Dismissal

The Illinois Code of Civil Procedure provides a mechanism for the circuit court to dismiss an action where there is “another action pending between the same parties for the same cause.”  735 ILCS 5/2-619(a)(3).  In Schacht v. Lome, 2016 IL App (1st) 141931, the appellate court considered whether the defendant’s prior suit to enjoin dissolution of the parties’ medical services corporation was the “same cause” as the plaintiffs’ subsequent suit against the defendant for fraud.  

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Appellate Court Does Not Have Jurisdiction to Review Order Denying Judgment in Supplementary Proceeding

A bank loaned a judgment debtor $3.5 million despite having previously received a third-party citation to discover and freeze the judgment debtor's assets.  The Illinois appellate court recently held that the circuit court's order denying judgment against bank was not final for purposes of conferring appellate jurisdiction under Illinois Supreme Court Rule 304(b)(4). 

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