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Gateway, Consumers Must Arbitrate In Faulty PC Fight

Law360, New York (July 25, 2011, 7:30 PM EDT) -- A California federal judge on Thursday sent to arbitration the claims of several named plaintiffs in a proposed class action against Gateway Inc. over defective computers, despite their claim that consumers were forced to accept the warranty's class action waiver upon purchasing a computer.

Judge Josephine Staton Tucker granted Gateway's motion to compel arbitration, ruling the dispute resolution provision was not unenforceable or procedurally unconscionable in light of the U.S. Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion.

Raymond Kelly and three other named plaintiffs lodged the case in October, alleging the Gateway LX6810 desktop computer’s cooling fan did...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


California Central

Nature of Suit

Prop. Damage Prod. Liability


Subscribers Only

Date Filed

October 14, 2010

Law Firms


Government Agencies