COHEN v. BLOCKBUSTER ENTERTAINMENT, INC.

No. 1-02-2973.

787 N.E.2d 846 (2003)

338 Ill. App.3d 171

272 Ill.Dec. 660

Marc COHEN, Uwe Stueckrad, Marc Perper, and Denita Sanders, Indiv. and on Behalf of All Others Similarly Situated, Plaintiffs-Appellees, v. BLOCKBUSTER ENTERTAINMENT, INC., Indiv. and on Behalf of all Entities Doing Business as Blockbuster or Blockbuster Video, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

March 20, 2003.


Attorney(s) appearing for the Case

James A. Cherney, Kevin C. May, Latham & Watkins, Gino L. DiVito, Tabet DiVito & Rothstein LLC, Chicago, for Appellant.

William J. Harte, William J. Harte, Ltd., Edward T. Joyce, Arthur W. Aufmann, Lori A. Reilly, Edward T. Joyce & Assoc., P.C., Aron D. Robinson, Law Offices of Aron D. Robinson, Lance A. Raphael, The Consumer Advocacy Center, P.C., Paul M. Weiss, Freed & Weiss, LLC, Christopher V. Langone, Mark T. Lavery, Joel D. Dabisch, The Langone Law Firm, Robert F. Lisco, Law Office of Robert F. Lisco, P.C., Chicago, for Appellees.


Presiding Justice THEIS delivered the opinion of the court:

Defendant, Blockbuster, Inc.1, appeals from an interlocutory order of the circuit court denying its motion to compel certain class action members to arbitrate their claims for relief from unlawful penalties, unjust enrichment, breach of implied contract, and breach of express contract. Blockbuster contends that (1) those class members who signed membership agreements after mid...

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