Friday, December 27, 2013

In re RealNetworks case brief

In re RealNetworks case brief summary
2000 WL 631341 (2000)

CASE SYNOPSIS
Intervenor filed additional arguments in support of plaintiff class' opposition to the arbitration clause contained in defendant corporation's licensing agreement in plaintiffs' action alleging trespass to property and privacy.

CASE FACTS
Plaintiff class brought an action against defendant corporation alleging trespass to property and privacy regarding plaintiffs use of defendant's computer network. Defendant moved to stay and enforce arbitration under the arbitration clause contained in its licensing agreement.

DISCUSSION

  • The court ordered arbitration pursuant to the arbitration clause. 
  • The intervenor filed additional arguments in support of plaintiffs' opposition to arbitration, claiming that the license agreement did not constitute a writing, that the arbitration clause should be read narrowly to preclude enforcement in plaintiffs' action, and that the arbitration provision was unenforceable because it was unconscionable.
  • The court rejected the intervenor's additional arguments, holding that defendant's license agreement was a written agreement, that even a narrow reading of the agreement did not preclude enforcement, and the agreement was not unconscionable.
CONCLUSION
Additional arguments rejected because defendant corporation's license agreement was a written agreement, even a narrow reading of the agreement did not preclude enforcement of arbitration regarding plaintiff class' action, and the agreement was not unconscionable.


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