9th Circ. Reboots Dell Laptop Class Action

By Nick Malinowski

Law360, New York (February 05, 2010, 6:36 PM ET) -- The U.S. Court of Appeals for the Ninth Circuit has revived a putative class action against Dell Inc. over allegedly defective laptops, reversing a lower court order and ruling that the conflict resolution clause of Dell's online purchasers' contract violates California law.

A three-judge appellate panel ruled Friday that the U.S. District Court for the Northern District of California had abused its discretion in dismissing the suit. The judges also found the class action waiver of the arbitration clause of the purchasers' agreement was unenforceable in...
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