Gaines v. Ciox Health, LLC

Defendant appealed from a trial court order denying its motion to stay proceedings and to compel arbitration of plaintiff’s claims for deceptive business practices and unjust enrichment. Defendant argued on appeal that the circuit court erred in finding that defendant failed to meet its burden to prove that plaintiff assented to the terms and conditions on the defendant’s website, including an agreement to arbitrate. The appellate court affirmed, finding that the trial court properly applied the principles of contract formation under Illinois law and correctly concluded that defendant failed to meet its burden to establish that the parties had a valid agreement to arbitrate. (WELCH and McHANEY, concurring)