Monthly Archives: July 2020

The Mississippi Supreme Court has reversed a lower court’s denial of a motion to compel arbitration of an investor client’s claims against her brokerage company. The Supreme Court held that an arbitration customer executed between the customer at the time she opened her account could be enforced by a successor investment company that acquired theContinue reading “Successor Brokerage Firm Entitled To Arbitrate Customer Claims Against Predecessor”

The South Carolina Court of Appeals held that an arbitration agreement between a deceased grandmother and nursing home does not require a granddaughter’s personal claims against the nursing home be arbitrated, since the granddaughter was not a signatory to the agreement. The claims arose out of her discovery of her grandmother’s body after she wanderedContinue reading “Granddaughter’s Emotional Distress Claims Against Nursing Home Not Subject To Arbitration”

Brendan Cooley of Carlton Fields has this article in JD Supra, discussing the court’s decision in Trout v. Organización Mundial de Boxeo, Inc., No. 19-1068 (1st Cir. July 10, 2020), which begins as follows: “The First Circuit vacated an order compelling arbitration after finding that the arbitrator selection clause was unconscionable. The court nevertheless remandedContinue reading ““First Circuit Vacates Order Compelling Arbitration Over Arbitrator Selection Clause””

In Landry v. Transworld Systems Inc., the Massachusetts Supreme Court rejected an attempt by a collection company to channel into arbitration a class action brought by a rental car company customer, who claimed that the collection company, “by virtue of its too frequent telephone contact with him and other debtors, had engaged in improper debtContinue reading “Collection Agency Cannot Invoke Arbitration Clause Contained In Underlying Contract Between Consumer And Rental Car Company”

“Lawsuit seeks to enforce mediation deal over Indiana estate.” Stephen Betts has this article in VillageSoup, which begins: “A participant in the protracted lawsuit over production rights to the work of the late artist Robert Indiana has asked a federal court to order the estate to abide by a supposed binding mediation agreement that wouldContinue reading “Not So Fast: Litigation Has Been Filed To Enforce Alleged Mediation Agreement Regarding Artist Robert Indiana”

The United States District Court for the District of Tennessee has denied a lawn care provider’s motion to strike class allegations, rejecting the company’s contention that a dispute with a consumer required arbitration. According to the court, allegations that telemarketing calls to plaintiff after she cancelled her service did not arise before expiration of theContinue reading “Federal Court Determines Claims Arising Following Cancellation Of Consumer Agreement Are Not Arbitrable”

A California Court of Appeal, in Felisilda v. FCA US LLC, has held that a used car purchaser’s claims against the dealer and the manufacturer were all appropriately addressed in arbitration, even though the manufacturer was not a party to the arbitration agreement, whose operative language provided as follows: “Any claim or dispute, whether inContinue reading “Car Manufacturer Prevails In Effort To Arbitrate Claims Even Though It Was Not A Party To The Agreement”

Foley Hoag LLP attorneys Christopher Feudo, Crhistian Garcia and Jonathan Keselenko have authored this article in JDSupra, discussing the First Circuit’s decision in Waithaka v. Amazon.com, Inc.

The Minneapolis Star Tribune has this article from the Associated Press reporting that “[t]he judge overseeing a dispute between Georgia’s governor and the state’s capital over restrictions related to the COVID-19 pandemic has ordered the two sides to try to reach a settlement.”

Proskauer Rose LLP Attorneys Kate Gold, Philippe A. Lebel and Cole D. Lewis have this article in The National Law Review, discussing the court’s decision in Collie v. The Icee Co. The article explains the holding that, notwithstanding precedent upholding broad arbitration language, under PAGA an employee stands in the shoes of the state, andContinue reading “California Appeals Court Holds That Employees’ Claims Under The Private Attorney General Act Are Not Subject To Arbitration”