At oral argument last month in Dohrmann v. Intuit, Inc., an appeal from the denial of a motion to compel arbitration, one of the Ninth Circuit judges suggested that the case should be referred to the California Supreme Court for a decision of the state law issue involved (see here). Didn’t happen. The federal court today decided the case itself in an unpublished, but divided, memorandum.
The district court ruled that online terms of service were too inconspicuous to give constructive notice of an agreement to arbitrate. The Ninth Circuit reversed.
