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Tuesday, October 17, 2006

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The Illinois Supreme Court affirmed and the new agreement had fewer anti-consumer provisions, but the court held that Cingular could not rely on an agreement that it unilaterally modified after the contractiaul relationship between the parties had already ended.


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Precisely for that reason, the commitment of industry defendants and their lawyers to defending class action waivers may lead them to seek certiorari on the preemption issue, though my own view is that their chances of success are small. If that avenue proves unsuccessful, and more opinions like Kinkel follow, industry groups may put more pressure on

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