In a proposed class action alleging that Dell designed, manufactured, and sold defective notebook computers, the Ninth Circuit struck down a class action waiver clause pursuant to which Dell had obtained an order from the district court compelling arbitration. Omstead v. Dell, No. 08-16479, 2010 U.S. App. LEXIS 2499 (9th Cir. Feb. 5, 2010). The Ninth Circuit held that the waiver was unconscionable under Discover Bank v. Superior Court, 113 P.3d 1100 (Cal. 2005), and refused to apply the Texas choice-of-law provision in the agreement because “California has a materially greater interest than Texas in applying its own law.” Id. at *12.