A Federal Court judge in the Southern District of New York recently granted Showtime's motion to compel arbitration in a putative class action brought by plaintiff Victor Mallh alleging issues with Showtime's online stream of the Floyd Mayweather vs. Conor McGregor boxing match.
Judge Cote also held that "[c]ourts around the country have recognized that an electronic click can suffice the acceptance of a contract . . . as long as the layout and language of the site give the user reasonable notice that a click will manifest assent to an agreement." By clicking the "I agree" box, that indicated agreement with the TOU, the plaintiff assented to arbitration.
Judge Cote held that Mallh's action was stayed pending the outcome of the arbitration.
There are similar cases regarding the Mayweather-McGregor online stream that are stayed pending the outcome of this case.
See Judge Cote's order below:
See Showtime's Motion to Compel Arbitration or, in the Alternative, Dismiss the Action:
This blog is authored by Kurt Emhoff, a sports and entertainment attorney and boxing manager based in NYC. Kurt has represented clients in boxing for over 20 years. Kurt's current and former clients include world champions and contenders Cory Spinks, Paulie Malignaggi, Peter "Kid Chocolate" Quillin, Luis Collazo, Sam Soliman, Kermit Cintron, Derrick Gainer, Travis Simms, Terronn Millett, Peter Manfredo and Dmitriy Salita.
Thursday, November 9, 2017
Class Action Suit Against Showtime Alleging Faulty Mayweather-McGregor PPV Transmission Headed To Arbitration
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