Westlye v. Look Sports, Inc.

How courts have described this case

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

• holding that the Rule 9(b) specificity requirement is 27 relaxed “[s]ince this cause of action is based on advertisements and a published technical manual 28 distributed to dealers, those pleading requirements do not apply.”
• describing procedural unconscionability as arising in situations where there is “no real negotiation and an absence of meaningful choice”
• unconscionability is a question of law, but its resolution turns on factual circumstances of case
• “[Rjecreational sports do not constitute a public interest under Tunkl.”
• “We conclude that, as a matter of public policy, product suppliers cannot insulate themselves from strict liability in tort for injuries caused by defects in products they place on the market by obtaining a consumer’s signature on an express assumption of risk.”

Source: CourtListener parenthetical corpus (CC0).