SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Whaley
Norcia v. Samsung Telecommunications America, LLC
Citation:
845 F.3d 1279 (9th Cir. 2017).Facts
Plaintiff was one who several who purchased one of Defendant’s Samsung Galaxy S4 phones. Plaintiff declined to take home the box and its contents, which contained a 101-page brochure detailing the warranty information and user license agreement. One section included an arbitration provision, noting any dispute must be resolved in arbitration. Plaintiff did not take any steps to opt-out of this provision.
Plaintiff later filed a class action alleging Samsung misrepresented the storage capacity and rigged the phone to operate at a higher speed when it was being tested. Defendant moved to compel arbitration.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Videos 
11m 57s
19m 28s
Topic Refresher Course 