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WIGGINTON v. DELL, INC.

No. 5-07-0076.

890 N.E.2d 541 (2008)

Stephen R. WIGGINTON and Weilmuenster & Wigginton, P.C., Individually and on Behalf of Others Similarly Situated, Plaintiffs-Appellees, v. DELL, INC., f/k/a Dell Computer Corporation, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Filed April 25, 2008.

Motion to Publish Granted June 2, 2008.

Attorney(s) appearing for the Case

Robert J. Bassett, Donovan, Rose, Nester & Joley, P.C., Belleville, Michael T. Brody, Jerold S. Solovy, Kathy A. Karcher, Benjamin K. Miller, Suzanne M. Courtheoux, Jenner & Block, LLP, Chicago, for Appellant.

Gail G. Renshaw, Bradley M. Lakin, Gerald R. Walters, The Lakin Law Firm, P.C., Wood River, for Appellees.

Rule 23 Order Filed April 25, 2008.

Justice CHAPMAN delivered the opinion of the court:

The plaintiff, Stephen R. Wigginton, filed a class action, alleging that the defendant, Dell, Inc. (Dell), refused to honor rebates that it offered its customers to induce them to purchase computer equipment from Dell. The defendant filed a motion to compel arbitration. The court found that a prohibition on class arbitration contained in the defendant's arbitration clause...

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