1. Home
  2. Browse Decisions
  3. F.3d
  4. 763 F.3d
  5. 763 F.3d 1171 (2014)
 

NGUYEN v. BARNES & NOBLE INC.

No. 12-56628.

763 F.3d 1171 (2014)

Kevin Khoa NGUYEN, an individual, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. BARNES & NOBLE INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 18, 2014.

Attorney(s) appearing for the Case

Michelle C. Doolin (argued), Leo P. Norton , and Erin E. Goodsell , Cooley LLP, San Diego, CA, for Defendant-Appellant.

Gretchen Carpenter (argued), and Brian R. Strange , Strange & Carpenter, Los Angeles, CA, for Plaintiff-Appellee.

Before: JOHN T. NOONAN and KIM McLANE WARDLAW, Circuit Judges, and ROSLYN O. SILVER, Senior District Judge.

OPINION

NOONAN, Circuit Judge:

Barnes & Noble, Inc. ("Barnes & Noble") appeals the district court's denial of its motion to compel arbitration against Kevin Khoa Nguyen ("Nguyen") pursuant to the arbitration agreement contained in its website's Terms of Use. In order to resolve the issue of arbitrability, we must address whether Nguyen, by merely using Barnes & Noble's website, agreed to be bound by the Terms of Use, even though Nguyen was never...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases