United States Second Circuit
Nicosia v. Amazon.com, 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
Judges
- CHIN
Court
- United States Second Circuit