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SCHNABEL v. TRILEGIANT CORP.

Docket No. 11-1311-CV.

697 F.3d 110 (2012)

Lucy SCHNABEL, Edward Schnabel, & Brian Schnabel, o/b/o Themselves and All Others Similarly Situated, Plaintiffs-Appellee, v. TRILEGIANT CORPORATION, Affinion, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 7, 2012.

Attorney(s) appearing for the Case

Patrick A. Klingman ( James E. Miller , Karen M. Leser-Grenon , James C. Shah , Nathan C. Zipperian , Rose F. Luzon Shepherd , Finkelman, Miller & Shah LLP, Media, PA, Chester, CT, San Diego, CA, David A. Burkhalter , Burkhalter, Rayson & Assoc. P.C., Knoxville, TN, on the brief) for Plaintiffs-Appellees.

Kenneth M. Kliebard ( Gregory T. Fouts , Morgan Lewis & Bockius LLP, Chicago, IL, James H. Bicks , Wiggin and Dana LLP, Stamford, CT, on the brief) for Defendants-Appellants.

Before: McLAUGHLIN, SACK, and LIVINGSTON, Circuit Judges.

SACK, Circuit Judge:

The question presented to us on this appeal is whether the plaintiffs are bound to arbitrate their dispute with the defendants as a consequence of an arbitration provision that the defendants assert was part of a contract between the parties. Neither of the plaintiffs acknowledge being aware of the existence of the arbitration provision when their contractual relationships with the defendants were formed...

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