Kristian v. Comcast Corp.
United States Court of Appeals for the First Circuit
446 F.3d 25 (2006)
- Written by Alexander Hager-DeMyer, JD
Facts
Martha Kristian and other individuals (subscribers) (plaintiffs) were cable subscribers with Comcast Corporation (defendant). Subscribers signed service agreements with Comcast that were updated yearly. Comcast added an arbitration agreement to its terms, stating that all disputes would be arbitrated and that class-action arbitration was prohibited under the agreement. The agreement also included a savings clause allowing for severance of provisions if the provisions were deemed illegal or unenforceable. Due to allegedly inflated prices and anticompetitive practices, the subscribers filed suits against Comcast in federal district court under antitrust laws. Comcast filed a motion to compel individual arbitration. The district court denied the motion, finding that the arbitration agreement was unenforceable. Comcast appealed to the United States Court of Appeals for the First Circuit. Among other arguments, the court of appeals addressed whether the bar on class arbitration could be enforced.
Rule of Law
Issue
Holding and Reasoning (Lipez, J.)
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