Yarbrough v. Nahon

How courts have described this case

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

• holding that when a lawsuit is removed to federal district court 28 based on diversity jurisdiction, the court will apply the substantive law of the state in which 1 it sits
• finding that placement of a notice of license terms be- low a download button was “not sufficient to [put] consumers on inquiry . . . notice of those terms”
• finding no direct benefits where non-signatory received only “abstract advantage” through contract’s facilitation of visits to its website
• declining to enforce an arbitration provision Netscape’s Terms and Conditions on its website and finding assent lacking where users of Netscape's website were unaware that the free software was provided subject to terms
• “These principles apply equally to the emergent world of . . . hyperlinked pages [and] clickwrap licensing.”
• “[I]n deciding whether parties agreed to arbitrate a certain matter, a court should generally apply state-law principles to the issue of contract formation.”

Source: CourtListener parenthetical corpus (CC0).