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IN RE HOLL

No. 18-70568.

925 F.3d 1076 (2019)

IN RE Randall HOLL, Randall Holl, individually, on behalf of others similarly situated, and as a representative of the class, Petitioner, v. United States District Court for the Northern District of California, Oakland, Respondent, United Parcel Service, Inc., Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2019.

Attorney(s) appearing for the Case

Adam W. Hansen (argued), Apollo Law LLC, Minneapolis, Minnesota; Matthew C. Helland , Nichols Kaster LLP, San Francisco, California; Brock J. Specht and Kai H. Richter , Nichols Kaster LLP, Minneapolis, Minnesota; for Petitioner.

Deanne E. Maynard (argued), Morrison & Foerster LLP, Washington, D.C.; Benjamin J. Fox and Gregory B. Koltun , Morrison & Foerster LLP, Los Angeles, California; Joel Jacinto Ramirez , James R. Sigel , and Stacey M. Sprenkel , Morrison & Foerster LLP, San Francisco, California; for Real Party in Interest.

Anne Richardson and Magdalena Reyes Bordeaux , Public Counsel, Los Angeles, California, for Amici Curiae Public Counsel, Public Good Law Center, and Public Law Center.

Before: Michael Daly Hawkins and Milan D. Smith, Jr., Circuit Judges, and Barbara M. G. Lynn, District Judge.

OPINION

This case tests the outer limits of what constitutes a "reasonably conspicuous" provision as part of the terms of usage so prevalent in the adhesion contracts of modern internet commerce. Here, Randall Holl employs the extraordinary writ of mandamus...

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