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Chris Whittington, WFCW, Williamson Fontenot Campbell & Whittington, Baton Rouge

Chris Whittington of WFCW Wins at United States Supreme Court

Christopher Whittington, a partner in Williamson Fontenot Campbell & Whittington, LLC, just prevailed in an argument before the United States Supreme Court.  In a decision that has been lauded by consumer advocates nationwide, Mr. Whittington prevailed on an issue involving hidden arbitration clauses.
The Case vs. Sky Zone
On April 19, 2015 James Duhon took his children to Sky Zone, an indoor trampoline park.  Upon entering Mr. Duhon was instructed by Sky Zone employees to type in the names and dates of birth of his party into a computer located where patrons check in to the facility.  After entering the information, it was electronically submitted by clicking the “AGREE” prompt.  Later, while jumping at the facility Mr. Duhon suffered an injury caused by the unreasonably dangerous design of the trampoline facility.
Chris Whittington At The Supreme Court
Chris Whittington instituted litigation on behalf of Mr. Duhon.  Sky Zone challenged Mr. Duhon’s lawsuit arguing that when he pressed the “AGREE” prompt, he waived his right to file a lawsuit in a court of law and was required to proceed with mandatory and binding arbitration.  The Louisiana Supreme Court ruled that the arbitration agreement was unenforceable stating that “the lack of distinguishing features and the specific placement of the arbitration clause serve to conceal the arbitration language from Sky Zone patrons” thereby “camouflaging” it from view.
Congratulations On The Win
Additionally, the language also reserved Sky Zone the right to sue its patrons while seeking to deny patrons the right to file suit against them demonstrated a complete “lack of mutuality” thus rendering the arbitration clause unenforceable.  Sky Zone then took a writ to the United States Supreme Court to overturn the Louisiana Supreme Court ruling.  In a unanimous verdict, the United States Supreme Court denied the Sky Zone writ.  Congratulations to Chris Whittington.

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