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COHEN v. BLOCKBUSTER ENTERTAINMENT, INC.

No. 1-03-2648.

814 N.E.2d 933 (2004)

351 Ill. App.3d 772

286 Ill.Dec. 707

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

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied July 30, 2004.

Attorney(s) appearing for the Case

James A. Cherney, Kevin C. May, Elizabeth O. Kraemer, Latham & Watkins LLP, Gino L. DiVito, Tabet DiVito & Rothstein LLC, Peter C. John, Williams Montgomery & John, Chicago, for Appellant.

William J. Harte, Joan M. Mannix, William J. Harte, LTD, Edward T. Joyce Arthur W. Aufmann, Lori A. Reilly, Edward T. Joyce & Assoc., P.C., Chicago, for Appellees.

Justice THEIS delivered the opinion of the court:

Defendant, Blockbuster, Inc.1, appeals from an interlocutory order of the circuit court denying its renewed motion to compel certain individuals to arbitrate their claims for relief from unlawful penalties, unjust enrichment, breach of implied contract, and breach of express contract. Blockbuster essentially contends that the circuit court erred in invalidating the arbitration clause in...

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