Judicial notice can become quite the spectacle, especially when it involves the use of information derived from the world wide web. Under Federal Rule of Evidence 201(b), federal courts have the power and authority to take judicial notice of any fact that is not subject to reasonable dispute either because it is generally known within the trial court’s territorial jurisdiction or can be accurately and readily determined from sources whose accuracy can not reasonably be questioned. It was the latter category of information that was the subject of a recent dispute concerning an arbitration agreement. In Goplin v. WeConnect, 893 F. 3d 488 (7th Cir. 2018), cert. denied, U.S. Supr. Ct., No. 18-520 (Jan. 7, 2019), a district judge took judicial notice of information appearing on the website of one of the parties, ultimately resulting in a petition for certiorari to the U.S. Supreme Court.

According to court papers, Brooks Goplin worked for WeConnect, Inc. and signed an arbitration agreement called the “AEI Alternative Entertainment Inc. Open Door Policy and Arbitration Program.” The arbitration agreement did not reference the name of his employer, WeConnect. Goplin sued for unpaid overtime under the Fair Labor Standards Act and a class action asserting claims under Wisconsin law. WeConnect filed a motion to compel arbitration. In support of its motion, WeConnect attached an affidavit from its director of human resources stating, among other things, that “I am employed by WeConnect, Inc.—formerly known as Alternative Entertainment, Inc. or AEI—as director of human resources.” WeConnect invoked the arbitration agreement signed by Goplin with AEI to contend that Goplin’s claims against WeConnect must be arbitrated.