⚖ Oral Arguments, with Context

The Ninth Circuit hears a dispute arising from the Snowflake data breach. Customers of LendingTree and QuoteWizard say personal information they supplied while seeking loan and insurance quotes was stolen from storage on Snowflake's cloud. The case is part of multidistrict litigation, or M D L, which brings related federal lawsuits together for pretrial proceedings. They sued, but the companies say the customers accepted website terms requiring arbitration, meaning a private arbitrator rather than a court would hear the claims. The district court refused to compel arbitration, finding that the web pages did not clearly notify customers of the terms or show their agreement. That ruling, not responsibility for the breach, is the issue in this appeal. Under the Federal Arbitration Act, courts enforce valid arbitration agreements, but must first determine whether one was formed. You will hear sign-in wrap: a website says clicking a sign-up button also accepts terms available through a link. The judges will focus on small print, contrast and scrolling on phones, and on what clicking the button communicated. They will also discuss de novo review, a fresh look at a legal question, and the more deferential review of factual findings. Paul Werner will argue for LendingTree and QuoteWizard, seeking arbitration.

Nader, et al. v. LendingTree, LLC, et al. (No. 25-7045) — U.S. Court of Appeals for the Ninth Circuit, argued October 14, 2026.