Omstead v. Dell, Inc., No. 08-16479

In a proposed class action alleging that Dell designed, manufactured, and sold defective notebook computers, dismissal of the action for failure to prosecute is reversed where: 1) plaintiffs did not cause any unreasonable delay in the progression of their case; and 2) a choice-of-law provision is unenforceable, and a class action waiver pursuant to which Dell obtained an order compelling arbitration was unconscionable under California law because it satisfied the Discover Bank test, and California had a materially greater interest than Texas in applying its own law.

Read Omstead v. Dell, Inc., No. 08-16479

Appellate Information

Argued and Submitted October 7, 2009

Filed February 5, 2010

Judges

Opinion by Judge Strom

Counsel

For Appellants:

Jonathan D. Selbin and Kristen E. Law, Lieff, Cabraser, Heimann & Bernstein, LLP, New York, NY

Cynthia B. Chapman and Cory S. Fein, Caddell & Chapman, Houston, TX

For Appellee:

Paul Schlaud, Kim E. Brightwell, and Matt Frederick, Reeves & Brightwell, LLP, Austin, TX