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
Argued and Submitted October 7, 2009
Filed February 5, 2010
Opinion by Judge Strom
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
Paul Schlaud, Kim E. Brightwell, and Matt Frederick, Reeves & Brightwell, LLP, Austin, TX
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.