Case Study: Schnuerle V. Insight

Law360, New York (January 10, 2011, 3:28 PM EST) -- On Dec. 16, 2010, the Supreme Court of Kentucky, on an issue of first impression, found that a consumer service agreement’s ban on class action litigation was unenforceable. The case is Schnuerle v. Insight Comm. Co. L.P., ___ S.W. 3d ____, 2010 WL 51298950 (Ky. Dec. 16, 2010). The court’s holding, while limited specifically to the factual scenario before it, continues a trend of courts to reject class claim waivers in consumer agreements.

Schnuerle in a Nutshell

Plaintiff Schnuerle was a Kentucky resident, who entered into...
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