Wrap agreements continue to present challenges. I don’t often write about district court decisions, and particularly not unpublished ones, but a recent case out of Illinois warrants an exception. (See earlier considerations of wrap arbitration agreements on this blog hereand here.)
Just as a quick refresher about wrap agreements, courts have refocused the
At least in theory, mutual assent remains a cornerstone of contract law and thus of arbitration. The tricky part has become understanding what counts as mutual assent in a world where overwhelming empirical evidence, not to mention our own lived experience, demonstrates that no one reads standardized terms and conditions, including arbitration provisions buried in