Appellate Court of Illinois

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Wigginton v. Dell, Inc, 5-07-0076

An order striking a prohibition on class arbitration and compelling arbitration in a suit seeking damages for defendant's refusal to honor rebates which were used to induce customers to buy the defendant's products is affirmed where: 1) the plaintiff purchased the computer over the phone and did not see the terms and conditions until he had purchased the computer systems; 2) the combination of procedural and substantive unconscionability present is enough to render the prohibition on class arbitration unenforceable; 3) the prohibition on class arbitration is severable from the remainder of the arbitration clause because of Illinois strong public policy of enforcing arbitration clauses.

Appellate Information

  • Decided 04/25/2008
  • Published 06/04/2008


  • Justice CHAPMAN delivered the opinion of the court:


  • Appellate Court of Illinois


  • For Appellant:
  • Robert J. Bassett, Donovan, Rose, Nester & Joley, P.C., Belleville, Michael T. Brody, Jerold S. Solovy, Kathy A. Karcher, Benjamin K. Miller, Suzanne M. Courtheoux, Jenner & Block, LLP, Chicago, for Appellant.

  • For Appellees:
  • Gail G. Renshaw, Bradley M. Lakin, Gerald R. Walters, The Lakin Law Firm, P.C., Wood River, for Appellees.