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· 5/31/1990

Pottorf v. United States

Citations

  • 738 F. Supp. 1369
  • 1990 U.S. Dist. LEXIS 6812
  • 1990 WL 77607

How courts have described this case

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

  • holding that under South Dakota law “continued use of a credit [card] account” constitutes assent to arbitration
  • applying South Dakota law and holding that use of credit card effectuates acceptance of arbitration agreement within credit card agreement
  • distinguishing Jiffy Lube because the defendant’s alleged conduct was “directly related to [the] [p]laintiffs’ accounts and the contracts that govern them”
  • applying South Dakota law in a dispute involving a California resident and reasoning that South Dakota has “a substantial relationship with Citibank because . . . Citibank’s primary place of business is in South Dakota”
  • “Under South Dakota law, because [the plaintiff] used both cards after receiving the cardmember agreements, she assented to the arbitration agreements .... ”
  • under South Dakota law “continued use of a credit [card] account” constitutes assent to arbitration

Source: CourtListener parenthetical corpus (CC0).

Judges: Rogers

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.