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Contracts Keyed to Dawson
Nguyen v. Barnes & Noble, Inc.
Citation:
763 F.3d 1171.Facts
In 2011, HP announced that it was discontinuing production of its TouchPad Tablet. In order to liquidate the product, Barnes & Noble offered a steep promotional discount via its website. Nguyen ordered two tablets from Barnes & Noble’s website during the sale, however, Barnes & Noble ultimately cancelled Nguyen’s order due to lack of inventory. The Barnes and Noble’s website contained a link to its “Terms of Use” in the bottom left-hand corner of each page on the website. The “Terms of Use” contained Barnes & Noble’s terms and conditions for using its website including an agreement to arbitrate in the event of a dispute. Nguyen brought a claim against Barnes & Noble in state court. Barnes & Noble removed the action to federal court and moved to compel arbitration pursuant to its “Terms of Use.”
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