WILSON v. HUUUGE, INC.

No. 18-36017.

944 F.3d 1212 (2019)

Sean WILSON, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellee, v. HUUUGE, INC., a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2019.


Attorney(s) appearing for the Case

Jaime Drozd Allen (argued), Stuart R. Dunwoody , Cyrus E. Ansari , and Benjamin J. Robbins , Davis Wright Tremaine LLP, Seattle, Washington, for Defendant-Appellant.

Ryan D. Andrews , Roger Perlstadt (argued), and Alexander G. Tievsky , Edelson PC, Chicago, Illinois, for Plaintiff-Appellee.

Before: M. Margaret McKeown and Jay S. Bybee, Circuit Judges, and Fernando J. Gaitan, Jr., District Judge.


OPINION

Smartphone applications have a ubiquitous presence in our everyday lives. The question of first impression for our court is under what circumstances does the download or use of a mobile application ("app") by a smartphone user establish constructive notice of the app's terms and conditions?

HUUUGE...

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