Forum
U.S. Court of Appeals for the Second Circuit
Case Status
Resolved
Docket Number
15-1407-cv
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The case was withdrawn, due to the parties reaching a settlement.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
- Memorandum and Order Denying Motion to Compel Arbitration -- Berkson v. Gogo (U.S. District Court).pdf
- Brief for Defendants-Appellants -- Berkson v. Gogo (CA2).pdf
- U.S. Chamber Amicus Brief -- Berkson v. Gogo (CA2).pdf
- Brief for Plaintiffs-Appellees -- Berkson v. Gogo (CA2).pdf