contract containing waiver (Illinois) · Go Syfert
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contract containing waiver in Illinois

5 Illinois opinions name it 2 courts 1973–2014 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Adams v. Raintree Vacation Exchange, LLCgreen
ca7 · 2012 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014Id. at *25 (citing Adams v. Raintree Vacation Exchange, LLC, 702 F. 3d 436, 441 (7th Cir. 2012)). ¶42 The touchstone illustrated by these cases is that a court may exercise personal jurisdiction over a defendant by enforcing a forum selection clause against it, even though it was not a signatory to the contract containing the clause, where it was closely related to the dispute such that it became foreseeable that the nonsignatory would be bound, regardless of whether the non- signatory is a defendant or a plaintiff in the subject litigation.

2014Id. at *25 (citing Adams v. Raintree Vacation Exchange, LLC, 702 F.3d 436, 441 (7th Cir. 2012)). ¶ 42 The touchstone illustrated by these cases is that a court may exercise personal jurisdiction over a defendant by enforcing a forum selection clause against it, even though it was not a signatory to the contract containing the clause, where it was closely related to the dispute such that it became foreseeable that the nonsignatory would be bound, regardless of whether the nonsignatory is a defendant or a plaintiff in the subject litigation.

22
Discover Bank v. Superior Courtred
cal · 2005 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

22
Klussman v. Cross Country Bankgreen
calctapp · 2005 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

22
Aral v. Earthlink, Inc.green
calctapp · 2005 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

22
Whitney v. Alltel Communications, Inc.green
moctapp · 2005 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of Aindirect, special, and consequential damages@ and restricts plaintiffs to Aa forum where the expense of pursuing their claim far exceeds the amount in controversy,@ by foreclosing Apractical redress through a class action and limiting them to a disproportionately expensive individual arbitration@); Discover -29- Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148 , 162- 63, 113 P.3d 1100, 1110 , 30 Ca

22
Leonard v. Terminix Intern. Co., LPgreen
ala · 2003 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of Aindirect, special, and consequential damages@ and restricts plaintiffs to Aa forum where the expense of pursuing their claim far exceeds the amount in controversy,@ by foreclosing Apractical redress through a class action and limiting them to a disproportionately expensive individual arbitration@); Discover -29- Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148 , 162- 63, 113 P.3d 1100, 1110 , 30 Ca

22
Bellsouth Mobility LLC v. Christophergreen
fladistctapp · 2002 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of Aindirect, special, and consequential damages@ and restricts plaintiffs to Aa forum where the expense of pursuing their claim far exceeds the amount in controversy,@ by foreclosing Apractical redress through a class action and limiting them to a disproportionately expensive individual arbitration@); Discover -29- Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148 , 162- 63, 113 P.3d 1100, 1110 , 30 Ca

22
Szetela v. Discover Bankgreen
calctapp · 2002 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

22
Powertel, Inc. v. Bexleygreen
fladistctapp · 1999 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of “indirect, special, and consequential damages” and restricts plaintiffs to “a forum where the expense of pursuing their claim far exceeds the amount in controversy,” by foreclosing “practical redress through a class action and limiting them to a disproportionately expensive individual arbitration”); Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 162-63 , 113 P.3d 1100, 1110 , 30 Cal. Rpt

2006See, e.g., Leonard v. Terminix International Co., 854 So. 2d 529, 538-39 (Ala. 2002) (finding arbitration clause unconscionable because it is in a contract of adhesion that limits recovery of Aindirect, special, and consequential damages@ and restricts plaintiffs to Aa forum where the expense of pursuing their claim far exceeds the amount in controversy,@ by foreclosing Apractical redress through a class action and limiting them to a disproportionately expensive individual arbitration@); Discover -29- Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148 , 162- 63, 113 P.3d 1100, 1110 , 30 Ca

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
American National Bank of San Francisco v. A. G. Sommerville, Inc. green
cal · 1923
1 sentence

1973Sommerville, Inc. (Cal. 1923), 216 P. 376, 378 ; Geiger Finance Co. v. Graham (Ga. App. 1971), 182 S.E.2d 521, 524 .) In transactions in which either a negotiable note or a contract containing a waiver of defense clause evidences the buyer’s obligation, the practical effect on the buyer is much the same.

11973–1973
Geiger Finance Co. v. Graham green
gactapp · 1971
1 sentence

1973Sommerville, Inc. (Cal. 1923), 216 P. 376, 378 ; Geiger Finance Co. v. Graham (Ga. App. 1971), 182 S.E.2d 521, 524 .) In transactions in which either a negotiable note or a contract containing a waiver of defense clause evidences the buyer’s obligation, the practical effect on the buyer is much the same.

11973–1973

Where else courts name it

TX 13 (2003–2017) GA 5 (1996–2017) IL 5 (1973–2014) NY 5 (1976–2016) MD 4 (2016–2018) CA 4 (2007–2020) OK 3 (2014–2014) MA 3 (1999–2026) WA 2 (1990–2014) PA 2 (1936–2018) IN 2 (1976–1982) AL 2 (2000–2000) LA 2 (1981–2007) AZ 2 (1977–1990)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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