Logourl black
From our private database of 14,100+ case briefs...

Nguyen v. Barnes & Noble, Inc.

United States Court of Appeals for the Ninth Circuit
763 F.3d 1171 (2015)


Facts

Barnes & Noble, Inc. (Barnes & Noble) (defendant), a national bookseller that operated stores and a website for the purchase of books and other items, advertised a “fire sale” of discontinued Hewlett-Packard Touchpad tablets (Touchpads) at a heavily discounted price. Kevin Nguyen (plaintiff) purchased two Touchpads on the Barnes & Noble website and received an emailed confirmation of his purchase. The next day, Nguyen received an email from Barnes & Noble cancelling his order due to unexpectedly high demand. Nguyen filed suit against Barnes & Noble in California state court, alleging deceptive trade practices and false advertising in violation of California and New York law. Barnes & Noble removed the action to federal district court and filed a motion to compel arbitration under the Federal Arbitration Act (FAA). Barnes & Noble argued that Nguyen was bound by the website’s Terms of Use (TOU), which could be viewed if a user clicked on a hyperlink at the bottom of each webpage. The TOU placed website users on notice that they were subject to arbitration if they visited any webpage, created a user account, or made any purchase. Nguyen had not clicked the TOU hyperlink or read the TOU document. The district court denied Barnes & Noble’s motion to compel arbitration. Barnes & Noble appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Noonan, 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, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.