Schnabel v. Trilegiant Corp. & Affinion, Inc.

How courts have described this case

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

• noting that \Connecticut and California apply substantially similar rules for determining whether the parties have mutually assented to a contract term.\
• explaining that the temporal presentation of the consumer’s purchase suggests that receiving goods subjects that con- sumer to additional terms and conditions
• explaining that, in reviewing the denial of a § 4 motion, a court accepts as true the allegations in the “complaint that relate to the underlying dispute between the parties”
• “Applying the choice-of-law clause to resolve the contract formation issue would presume the applicability of a provision before its adoption by the parties has been established.”
• “Applying the choice- of-law clause to resolve the contract formation issue would presume the applicability of a provision before its adoption by the parties has been established.”
• finding “a trial is warranted only if there exists one or more genuine issues of material fact regarding whether the parties have entered into such an agreement.”

Source: CourtListener parenthetical corpus (CC0).