Docket No. 109485.
THE STATE OF ILLINOIS
WILLIAM CARR, Indiv. and on Behalf of All Others Similarly
Situated, Appellee, v. GATEWAY, INC., Appellant.
Opinion filed February 3, 2011.
JUSTICE GARMAN delivered the judgment of the court, with
Chief Justice Kilbride and Justices Freeman, Thomas, Karmeier,
Burke, and Theis concurred in the judgment and opinion.
In 2001, plaintiff, William Carr, and his wife purchased a computer
from defendant, Gateway, Inc. Carr subsequently filed suit alleging
misrepresentation by Gateway as to the speed of the computer’s
processor. Gateway sought to dismiss the suit and compel arbitration
in accordance with the terms of the sales contract. The circuit court
of Madison County denied the motion, holding, inter alia, that there
was no valid arbitration agreement between the parties. Gateway
appealed under Rule 307(a)(1) (Ill. S. Ct. R. 307(a)(1) (eff. Mar. 20,
2009)). While the case was on appeal, the National Arbitration Forum
(NAF), the arbitral forum designated in the arbitration agreement,
stopped accepting consumer arbitrations. Thereafter, the appellate
court affirmed the circuit court on the basis that the arbitration