Tomasik Kotin Kasserman Again Thwarts Cubs Bid to Force Arbitration – Appellate Court Win

January 18, 2024

Tim Tomasik and Phil Terrazzino prevail a second time in the Illinois Appellate Court against the Chicago Cubs. Our client, Charles Arbogast, is an Associated Press photographer who was injured at a Cubs game in 2018 when he tripped over a stack of pallets that was left on the field. The Cubs wanted to have the case sent to arbitration, but our attorneys argued that the agreement requiring mandatory arbitration was unconscionable. An Illinois appeals court ruled in favor of our client, allowing the lawsuit to proceed.

The Cubs have claimed that the terms and conditions provided as part of our client's media credentials included a mandatory arbitration agreement. However, the information about mandatory arbitration was not included anywhere in the photographer's media pass, and information about arbitration could only be found by visiting a website that contained the full terms and conditions. The appellate court found that this agreement was unconscionable because our client would not reasonably have known that he was agreeing to arbitration by using his media credentials. In addition, he was hospitalized during the seven-day period when he would have been able to opt out of arbitration, making it impossible for him to meet the requirements of the agreement.

"The First District Appellate Court's decision is extremely well-reasoned, and we are pleased that a jury will determine Mr. Arbogast's case rather than a secretive arbitration panel," said Attorney Tim Tomasik. "This decision recognizes that when corporations bury arbitration clauses in complex websites that consumers or workers have no reason to ever explore is simply unconscionable."

Our attorneys will be working with our client during his lawsuit against the Cubs to ensure that he will be fully compensated for his injuries. If you have questions about how Tomasik Kotin Kasserman, LLC can assist with your personal injury case, contact us at 312-605-8800 for a free consultation.