Estate of Esther Klieman v. Palestinian Authority

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• agreeing that a reasonable user would have located Live Nation’s terms of service when “crucially, the ‘Terms of Use’ hyperlink is conspicuously distinguished from the surrounding text in bright blue font.”
• considering not only the placement and legibility of the notice, but also the “crucial[]” fact that the hyperlinks were “conspicuously distinguished from the surrounding text”
• rejecting plaintiffs’ argument that the pressure applied by “ticket holds” and a 5 checkout countdown timer prevented them from reviewing defendant’s terms before 6 making a purchase
• rejecting the argument that “Massachusetts law imposes a more stringent standard than California law” for online contract formation and explaining that the Massachusetts Supreme Judicial Court has “engaged in the same ‘fact-intensive inquiry’ as have other courts”
• “…crucially, the “Terms of Use” hyperlink is 9 conspicuously distinguished from the surrounding text in bright blue font, making its presence 10 readily apparent.”
• hyperlink to terms of service in a bright-blue font; notices were not buried but 10 were placed on top of or below each action button

Source: CourtListener parenthetical corpus (CC0).