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ROSEN v. SCIL, LLC

No. 1-03-0814.

799 N.E.2d 488 (2003)

343 Ill. App.3d 1075

278 Ill.Dec. 770

Richard ROSEN, Plaintiff-Appellee, v. SCIL, LLC.; Saks Incorporated, and Does 1-10, Defendants-Appellants.

Appellate Court of Illinois, First District, Third Division.

October 8, 2003.

Attorney(s) appearing for the Case

Ballard Spahr Andrews & Ingersoll, LLP. (Alan S. Kaplinksy and Mark J. Levin, of counsel); Lord Bissell & Brook, L.P. (Hugh C. Griffin, Thomas J. Cunningham and Hugh S. Balsam, of counsel), for Appellant.

Edelman, Combs & Latturner, LLC. (Daniel A. Edelman, Cathleen M. Combs, James O. Latturner and Anne M. Burton, of counsel), for Appellee.

Justice KARNEZIS delivered the opinion of the court:

This interlocutory appeal arises as a result of disputed charges on plaintiff's Saks Fifth Avenue credit card. The issue on appeal is whether an arbitration clause in an amended credit card agreement is enforceable.

BACKGROUND

Plaintiff, Richard Rosen, filed a class action lawsuit against defendants, SCIL, LLC, Saks Incorporated and DOES 1-10, disputing two charges of "fictitious taxes" on his...

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