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United States Second Circuit

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Nicosia v., Inc., 15-423

In a dispute resolution and arbitration action, arising after plaintiff purchased a weight loss product containing the controlled substance sibutramine from defendant's website, the district court's denial of a preliminary injunction is affirmed but its dismissal is vacated. The Court held: 1) defendant failed to show that plaintiff was on notice and agreed to mandatory arbitration as a matter of law; and 2) plaintiff did not establish the likelihood of future or continuing harm to warrant a preliminary injunction.

Appellate Information

  • Decided
  • Published 2016/08/25


  • CHIN


  • United States Second Circuit


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