Logourl black

Klocek v. Gateway

United States District Court, District of Kansas
104 F. Supp. 2d 1332 (2000)


Facts

Klocek (plaintiff) ordered a computer from Gateway (defendant). Gateway included its Standard Terms in every shipment of a new computer. At the top of the first page of those terms Gateway informed the purchaser that keeping the computer beyond five days constituted acceptance of the terms and conditions. Included in the Standard Terms was an arbitration clause. Klocek and others filed suit in the United States District Court against Gateway and others regarding the purchase of Gateway computers. Gateway moved to dismiss, requesting that the arbitration clause be enforced.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Vratil, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.