Florida Court Rules on Enforceability of “Browsewrap” vs. “Clickwrap” Website Terms and Conditions

Arbitration Mediation

Internet sellers and website designers beware of new law in Florida governing internet sales.  A Florida state appellate court has ruled, in a case of first impression, against enforcing a “browsewrap” agreement and, as an aside, in favor “clickwrap” agreements.  For non-lawyers, the importance of this “case of first impression” means that this decision is now the law across Florida unless and until another appellate court weighs in or the legislature passes a law.  Internet sellers and website designers need to ensure that their sites comply with this new ruling.

 

Read the entire article, the case, and recommended steps at McDonald Hopkins, here.

Arbitration Mediation
U.S. Supreme Court Rules on Nursing Home Arbitration

The United States Supreme Court ruled in favor of a national nursing home chain by reversing a decision by the Kentucky Supreme Court and, instead, held that persons who have broad “powers of attorney” may execute arbitration agreements even when state law grants a right to access to courts and …

Arbitration Mediation
Christopher Hopkins Discusses “Use of Technology in Mediation” at Palm Beach Bar Association CLE/CME

The Palm Beach Bar Association is hosting the Alternative Dispute Resolution Committee’s annual CLE/CME, which is entitled this year, “ADR – A Help and Not a Hurdle.” The schedule and sign-up information is here. Christopher Hopkins is speaking on “Use of Technology in Mediation” regarding website, office, app, presentation, and …

Arbitration Mediation
Dea v. PH Fort Myers, LLC: Complexities of Enforcing Arbitration in Assisted Living Facility Context

The Florida Second District’s recent opinion in Estate of Dea v. PH Fort Myers, LLC et al. illustrates the complexity of enforcing arbitration in the assisted living / long term care context which requires consistent lawyering in writing arbitration clauses, admission agreements, and agreements for the sale of businesses as …