Ninth Circuit Finds Dell Class Action Waiver Unconscionable in Omstead v. Dell, Inc.

On February 5, 2010, the Ninth Circuit issued an opinion disapproving of the use of class action waivers in Omstead v. Dell, Inc. – a proposed class case alleging that Dell designed, manufactured, and sold defective notebook computers.  The Court’s opinion comes on the heels of a similar opinion in Laster v. AT&T Mobility LLC, discussed here, concluding a class action waiver used by AT&T in connection with a “free phone” sales promotion was unconscionable under California law.