Amicus Brief: Kauders v. Uber Technologies and Rasier LLC
NCLC and Public Justice filed an amicus brief urging the Massachusetts Supreme Court to confirm that Massachusetts has just one test for contract formation—whether that contract includes a forum selection clause, an arbitration clause, neither, or (as here) both, and whether the contract was purportedly formed on a computer, using a smartphone, or in the increasingly old-fashioned manner of a signed paper document. Neither Cullinane nor Ajemian applied a heightened notice or reasonableness standard. Rather, they both correctly applied the single unitary standard for forming a contract under Massachusetts law—a standard that Uber’s rider registration interface fails to meet.
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