Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Keena v. Groupon, Inc.

United States Court of Appeals, Fourth Circuit

March 27, 2018

ERIN KEENA, for herself and all others similarly situated, Plaintiff - Appellant,
v.
GROUPON, INC., a Delaware Corporation, Defendant-Appellee.

          Argued: January 24, 2018

          Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:15-cv-00520-GCM)

         ARGUED:

          Daniel Chappell Flint, LAW OFFICES OF DANIEL C. FLINT, PC, Southfield, Michigan, for Appellant.

          Scott Thomas Schutte, MORGAN LEWIS & BOCKIUS, LLP, Chicago, Illinois, for Appellee.

         ON BRIEF:

          Jonathan A. Berry, Washington, D.C., Gregory T. Fouts, MORGAN, LEWIS & BOCKIUS LLP, Chicago, Illinois, for Appellee.

          Before GREGORY, Chief Judge, and KING and HARRIS, Circuit Judges.

          KING, Circuit Judge:

         Erin Keena desires relief from a district court ruling in the Western District of North Carolina that requires her to arbitrate claims alleged in her complaint against Groupon, Inc. After the court ordered the parties to arbitrate, Keena moved to amend the arbitration order to include, inter alia, a provision dismissing her complaint with prejudice. The court acceded to that aspect of Keena's motion and dismissed with prejudice. Keena has appealed from the dismissal. As explained below, because the voluntary dismissal of her complaint is not an appealable final decision under 28 U.S.C. § 1291, we lack jurisdiction and must dismiss Keena's appeal.

         I.

         A.

         In February 2015, plaintiff Keena purchased a voucher for massage services from Groupon, a web-based entity that partners with other businesses to provide discount products and services to customers. In making her purchase, Keena entered into a form agreement that required her to resolve any disputes with Groupon through arbitration. When Keena was unable to redeem her Groupon voucher, she sought reimbursement and received an electronic certificate called "Groupon Bucks." The certificate, however, could only be used to purchase goods and services on Groupon's website.

         Nearly a year later, Keena - individually and on behalf of a putative class of similarly-situated plaintiffs - filed this civil action against Groupon. The complaint alleged claims against Groupon on the basis of its reimbursement policy. Groupon responded by invoking the arbitration clause in its agreement with Keena and moved to enforce that clause. The district court agreed with Groupon and ordered the parties to arbitrate. See Keena v. Groupon, Inc., 3:15-cv-00520 (W.D. N.C. June 21, 2016), ECF No. 32 (the "Arbitration Order"). The court did not reach or ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.